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Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
What sort of case are you talking about?
In that case I shall opt out and allow a colleague with more experience on that area to assist you
I have been asked to look at this.
I'm not sure what type of template you mean? We don't usually keep templates for criminal proceedings.
No, there are not.
Templates cannot be done for a mitigation because the mitigation is always different. Even those in practice do not use templates.
Yes, you will have to tell me your circumstances?
What is the offence and what are the facts?
Are you charged with common assault?
Hello my name is ***** ***** I will help you.I see the expert has opted out - what else would you like to know?Alex
I assume you are the Defendant? Are you pleading guilty?
You can just write it in the form of a letter if you wish and then just read it out. Then you can hand this in to the Court if you wish for them to consider
If you need to do it in the form of a statement, which you dont have to then you can.
Guidance can be found here which applies to civil cases but the idea is the same.
But you dont need to do a formal statement, you can do it in a letter and hand in or just read it out
Can I clarify anything for you about this today please?Alex
I'm very sorry for the intervention. In fact, I had not opted out.
Also, the answer above is incorrect. You are not preparing a witness statement. This is a mitigation which is entirely different.
A written statement will not be considered.
Not at all.
You will be appearing before Magistrates not a Judge.
Just call them sir or madam.
But a witness statement will not be considered and is not appropriate in a criminal court.
Any suggestion that it will is a nonsense.
I suppose it is possible to hand up a letter but you could just attend and say the words which would be more normal and appropriate.
S5 public order just leads to a fine anyway. There is no other penalty. You don't see many prosecutions now.
I can draft you up a mitigation if that would help?
Witness statements do not apply. This is not a civil court. You can't just tender witnesses and anyway they have no relevance to a mitigation.
Mitigations are simple enough but you don't hand up the written document. You just made a speech.
Normal plan is
1 Emphasis your early guilty plea entitling you to one third off any sentence
2 Turn to the facts of the offence
Provocation is the obvious point here
3 Turn to your own personal circumstances
Full time work
No previous incidents
4 Express remorse
Also, make the point that the loss of reputation you will suffer from a conviction is a punishment in itself etc.
They will only give you a fine. That is why it is a pointless prosecution.
You don't mention the facts of the offence above. If you can give me that then I would probably be able to offer more.
OK. That is not the worst S5.
You just make the point that there was provocation in the near miss etc.
Road rages are an aggravating feature to assault but not to S5.
It might be worth asking the prosecutor whether they would consider a fixed penalty fine to preserve your character. I certainly wouldn't have charged this.
No problem. All the best.
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All the best.