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ADVOCACY: Bail Application Structure

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Make drafting bail applications easier with this essential guide! This document includes: A COMPLETE BAIL APPLICATION TEMPLATE: Follow a cear, structured layout with all key sections included. SIMPLE EXPLANATIONS FOR EACH PART: Undestand the purpose of each section and how to make your poin...

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  • August 7, 2024
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  • 2022/2023
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SheDoesLaw
Bail Application Exam
INTRO
1. Good afternoon Judge. I am (name), from (firm), and I stand before you
today to make a bail application on behalf of my client (name of client).

2. May I ask you first, have you had a chance to look through the papers?

3. I would like to take this opportunity to provide you with some
additional information about (client) that I believe will be relevant to
your considerations about whether to grant (client) bail.

4. I submit that (client) should be granted unconditional bail pending her
trial. Before discussing the prosecution’s objections to bail being
granted, as shown on the prosecution case summary, I should like to
remind you that under section 4(1) of the Bail Act 1976 there is a
presumption that bail will be granted to (client). Bail may be refused
only if you consider that there are substantial grounds for believing
that (client) would either fail to surrender to custody, or commit further
offences were she to be released on bail.

ABSCONDING
5. I shall deal first with the allegation that (client) will fail to surrender
to custody if released on bail. While I acknowledge the seriousness of
the charge (client) faces, as outlined on the Charge Sheet, it is
precisely because of this seriousness that (client) is motivated to
attend the next hearing.

6. Judge, allow me to give you an idea of (client)’s character. (client) has
strong ties to the community. She is a (age)-year-old resident of
(city), where she has lived her entire life. Her (relatives) are all local
residents and play an active role in her life. (client) is gainfully
employed at a (workplace) in the city center called the (name of
workplace), where she has worked for approximately a year. She works
30-40 hours per week and earns a stable income of £1200-1400 per
month before tax. She shares a stable living situation with her partner,
(name of partner), whom she has been in a committed relationship
with for three years. They jointly pay the rent for their accommodation.
Losing her job due to pretrial detention would have severe
consequences not only for (client)’s financial stability but also for her
partner, who relies on her contribution to afford their rented
accommodation.

PREVIOUS CONVICTIONS
7. The prosecution seek to place reliance upon (client)’s previous
conviction for failing to surrender to bail. While (client) acknowledges
her past conviction, it is crucial to consider the circumstances
surrounding this incident.
8. (client) has provided an explanation for her failure to attend bail,
stating that she was frightened and overwhelmed by the prospect of

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