Role play 2: opposing bail

In this fully scripted role play, part of a set taken from Law in action: learning through scripted role plays, the prosecution objects to bail and the court must hear arguments from both sides.

Opposing bail

Usher:
Number two on the list, your worships,…[use name of person playing the role of the defendant] represented by…[use name of person playing the role of the defendant’s solicitor].

Clerk:
Are you…[use defendant’s real name] and do you live at…[use real or pretend address]?

Defendant:
Yes, that’s right.

Clerk:
It is said that last night you entered a building as a trespasser and stole goods to the value of one hundred and ninety pounds, do you understand the charge?

Defendant:
I do.

Clerk:
Sit down, I believe there is to be an application.

Defending solicitor:
Your worships, this young man was arrested last night and I need to have time to discuss the matter with him and take instructions. I will also require advance disclosure which has not yet been supplied by my friend.

Prosecuting solicitor:
Yes, your worships, I do not oppose my friend’s application for an adjournment. The prosecution also needs time to produce a full file. I understand, however, that he intends asking for bail and I must oppose that application.

At ten minutes to midnight last night, a neighbour, letting her cat out, saw someone appear to force the lock of the shed in the garden of the house next door and enter that shed. She called the police and when they arrived some minutes later, the defendant was climbing over the garden wall at the rear of the premises having placed over the wall an electric lawnmower, a garden spade, a garden fork and an electric hedge trimmer. He was cautioned, arrested and taken to the charge office.

This young man has a substantial police record that shows several previous offences of this kind. He has had a number of different addresses in recent years. He is a known drug addict and it is believed that he resorts to crime to pay for drugs. Indeed he tested positive at the police station for opiates and heroin.

It is believed that if he were to be given his liberty today he would abscond and fail to return to court and that he would commit further offences whilst on bail.

The prosecution therefore request that he be remanded in custody.

Defending solicitor:
Yes sir/madam, I do make an application for bail. My client may have previous convictions but they were all of a minor nature and what is more, he has not been in trouble for five months now. He now has a steady girlfriend and she has considerable influence over his behaviour.

It is true that he is addicted to heroin but he is receiving treatment. In any case, he intends to deny the charge. If you were to remand him into custody it could be many weeks – even months – before this matter comes to trial and he would have been locked up all that time.

As you know, you can impose conditions with bail, say, of residence, curfew and so on, and my client would agree to be bound by any such conditions.

Alternatively, I believe that there is a place at the bail hostel which would impose a strict regime over my client if you thought that was appropriate.

Those safeguards should be enough to keep him out of trouble and ensure his return to court.

Chairman:
[Looks at probation officer] If needed can you confirm that there is a place at the bail hostel?

Probation officer:
Yes there is a place for him at the bail hostel as long as he agrees to abide by the hostel rules.

Chairman:
The bench will retire to consider the application.

Clerk:
All stand.

Last Modified: 4 June 2010