Role play 1: the unopposed adjournment

This fully scripted role play, part of a set taken from Law in action: learning through scripted role plays, involves an uncontested application for bail and for an adjournment to enable the defence solicitor to take his or her client’s instructions.

The unopposed adjournment

Usher:
Case number one 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:
Will you tell the court your full name and address?

Defendant:
I am…[use your own name] and I live at…[use your own address or use a pretend address].

Clerk:
It is said that on [insert date] you had in your possession a quantity of a Class ‘B’ drug, namely cannabis bush, with intent to supply. Do you understand?

Defendant:
Yes.

Clerk:
[Looks at defending solicitor] Can we make progress today?

Defending solicitor:
My client is not in a position to make a plea at this point.

Clerk:
[Turns to chairman of the bench] Then may the defendant be seated, I believe there may be an application?

Chairman:
Yes, please sit down.

Prosecuting solicitor:
I have just handed advance disclosure to my friend and I believe he/she needs time to discuss the matter with his/her client. I will not be objecting to an application for an adjournment, nor will I oppose bail. I can advise you that the defendant has one previous conviction, but it was for a totally different offence and unless you wish to see it I don’t intend to offer it. He/she was bailed by the police and he has responded to that bail.

Defending solicitor:
Yes sir/madam, I do apply for an adjournment. Having just received advance disclosure, I need to discuss the case with my client, examine the evidence and advise on plea. I also need time to make an application for legal aid. Two or three weeks would suffice. I do apply for bail and I am obliged to my friend for so fairly presenting the prosecution’s view on that matter. My client has a fixed address where he has lived for the past six years and he has a steady partner. Perhaps, under the circumstances, you would grant unconditional bail.

Chairman:
[Consults co-magistrates or ‘wingers’. The bench agrees to grant bail.]
[To defendant] Mr…[again use defendant’s real name] please stand. This case will be adjourned to the 25th of next month. You must return to this court on that date at 9.45 in the morning and unconditional bail is granted to carry you over to then. The court expects plea before venue to take place on the next date. I have to warn you, however, that if you fail to turn up or even if you are late, then you will have breached your bail and that in itself is an offence which carries imprisonment. The usher will give you a note confirming the date and time and then you may leave the court.

Last Modified: 30 June 2010