Legal Drafting Skeletons
TABLE OF CONTENTS
Criminal Law and Practice..................................................................................................2
Property Law and Practice:...............................................................................................13
Business Law and Practice................................................................................................32
Wills and the Administration of Estates............................................................................56
Dispute Resolution...........................................................................................................67
, Criminal Law and Practice
DEFENCE STATEMENT
Nature of the accused's defence, including any particular defences on which he intends to rely:
The defendant [name] is charged with [offence] on [date] contrary to [statute].
The defendant [denies/doesn't admit] this allegation.
Deny = you have a positive case to counter the allegation.
Don't admit = require the claimant to prove.
Specifically, s/he denies... [e.g. that s/he was present] The defendant submits the defences of [e.g.
mistaken identify, self-defence etc]
The matters of fact on which he takes issue with the prosecution and WHY:
The defendant did not [e.g. attack X as described/have (weapon) in possession, has been mistakenly
identified – these examples are the WHY].
Particulars of the matters of fact on which he intends to rely for the purposes of his defence:
[Set out the reasons why he denies i.e. what positive case and evidence the defendant can put forward
[e.g. an alibi] – this is essentially setting out the defendant’s account of event from their proof of evidence
addressing each of the points in the previous section.]
Any point of law (including any point as to the admissibility of evidence or an abuse of process) which
he wishes to take, and any authority on which he intends to rely for that purpose:
It is further contended on behalf of the defendant that... // The defendant disputes the admissibility of
[evidence] and will rely on [e.g. Turnball direction] to challenge [evidence].
Include any abuses of process: breach of PACE code
Include any exclusions: s76, s78
And state the reasons... ie for the following reasons: (1) (2) (3).
, APPLICATION TO EXCLUDE PROSECUTION EVIDENCE (S76/S78)
This is an application by [NAME OF DEFENDANT]
I object to the introduction of the following evidence because [describe the evidence to which you
object]:
From the statement of X:
[list quotes or say “in its entirety” if whole statement is inadmissible]
Reasons for objecting
Headings = statute!
Example 1: paste s82 definition of confession / paste s76 / “The evidence objected to in
[evidence] amounts to confession evidence. It is submitted [apply test – i.e. unreliable] / The
things ‘said or done’ are as follows: [list]
Example 2: paste s78 / “It is for the accused to persuade the court that the evidence of a
prosecution witness ought to be excluded under s78 and the burden is ‘no higher than the
balance of probabilities’ / It is submitted that given the various breaches of PACE identified
earlier, that the evidence identified in [evidence i.e. statement] should not be admitted. / In
addition…
- piece of evidence
- set out statute being relied on and BOP
- set out facts precisely
- your submission and application of legal test to the facts
Reasons for any extension of time required
N/A
APPLICATION TO INTRODUCE/OBJECT EVIDENCE OF THE DEFENDANT OR NON-
DEFENDANT’S BAD CHARACTER
, 1) Facts of the misconduct.
If introducing:
The defendant seeks to introduce the fact that the complainant has [ie previous convictions]:
The defendant was convicted of [Conviction 1] [X years ago, date, summary of facts] The
fact/circumstances of this conviction will be relied upon to establish [propensity to be
untruthful/propensity to commit offences of violence/false impression etc.]
Conviction 2 – [X years ago, date, summary of facts]
The circumstances of these previous convictions have not been provided and so, at this stage, it would be
correct to rely on the fact of the convictions alone.
If objecting:
The defendant disputes that... The defendant admits that...
2) How you will prove these facts, if in dispute.
[Need to state what you rely on to prove the facts of misconduct eg certificate of conviction, official
record, other evidence]
The prosecution have provided…and it is this that can be used to prove the facts ie the convictions. // The
above facts will be proved by certificates of conviction (attached).
3) Reasons why the evidence is admissible.
Why admissible:
FIRSTLY, SET OUT THE RELEVANT WORDING FROM THE STATUTE:
Defendant: S101 state relevant gateway from 7 gateways - (a) to (g) – and HANSON
Ie paste: “It is relevant to an important matter in issue between the defendant and the prosecution:
s.101(1)(d) CJA 2003”
Then explain: “it is the prosecution/defence case that…
Non-Defendant: s100(1)
(a) It is important explanatory evidence
(b) It has substantial probative value (ie nature/number of events, where/when events happened) in
relation to a matter which:
(i) Is a matter in issue in the proceedings AND
(ii) Is of substantial importance in the context of the case as a whole
s100(3) - factors the court will consider: Nature and number of events, events alleged happened, previous
misconduct and the similarities/dissimilarities between these instances, evidence that same person
responsible each time.
SECONDLY, APPLY THE RELEVANT FACTS OF THE SCENARIO:
THIRDLY, SET OUT THE STANDARD OF PROOF WHERE RELEVANT.
Why objecting:
TABLE OF CONTENTS
Criminal Law and Practice..................................................................................................2
Property Law and Practice:...............................................................................................13
Business Law and Practice................................................................................................32
Wills and the Administration of Estates............................................................................56
Dispute Resolution...........................................................................................................67
, Criminal Law and Practice
DEFENCE STATEMENT
Nature of the accused's defence, including any particular defences on which he intends to rely:
The defendant [name] is charged with [offence] on [date] contrary to [statute].
The defendant [denies/doesn't admit] this allegation.
Deny = you have a positive case to counter the allegation.
Don't admit = require the claimant to prove.
Specifically, s/he denies... [e.g. that s/he was present] The defendant submits the defences of [e.g.
mistaken identify, self-defence etc]
The matters of fact on which he takes issue with the prosecution and WHY:
The defendant did not [e.g. attack X as described/have (weapon) in possession, has been mistakenly
identified – these examples are the WHY].
Particulars of the matters of fact on which he intends to rely for the purposes of his defence:
[Set out the reasons why he denies i.e. what positive case and evidence the defendant can put forward
[e.g. an alibi] – this is essentially setting out the defendant’s account of event from their proof of evidence
addressing each of the points in the previous section.]
Any point of law (including any point as to the admissibility of evidence or an abuse of process) which
he wishes to take, and any authority on which he intends to rely for that purpose:
It is further contended on behalf of the defendant that... // The defendant disputes the admissibility of
[evidence] and will rely on [e.g. Turnball direction] to challenge [evidence].
Include any abuses of process: breach of PACE code
Include any exclusions: s76, s78
And state the reasons... ie for the following reasons: (1) (2) (3).
, APPLICATION TO EXCLUDE PROSECUTION EVIDENCE (S76/S78)
This is an application by [NAME OF DEFENDANT]
I object to the introduction of the following evidence because [describe the evidence to which you
object]:
From the statement of X:
[list quotes or say “in its entirety” if whole statement is inadmissible]
Reasons for objecting
Headings = statute!
Example 1: paste s82 definition of confession / paste s76 / “The evidence objected to in
[evidence] amounts to confession evidence. It is submitted [apply test – i.e. unreliable] / The
things ‘said or done’ are as follows: [list]
Example 2: paste s78 / “It is for the accused to persuade the court that the evidence of a
prosecution witness ought to be excluded under s78 and the burden is ‘no higher than the
balance of probabilities’ / It is submitted that given the various breaches of PACE identified
earlier, that the evidence identified in [evidence i.e. statement] should not be admitted. / In
addition…
- piece of evidence
- set out statute being relied on and BOP
- set out facts precisely
- your submission and application of legal test to the facts
Reasons for any extension of time required
N/A
APPLICATION TO INTRODUCE/OBJECT EVIDENCE OF THE DEFENDANT OR NON-
DEFENDANT’S BAD CHARACTER
, 1) Facts of the misconduct.
If introducing:
The defendant seeks to introduce the fact that the complainant has [ie previous convictions]:
The defendant was convicted of [Conviction 1] [X years ago, date, summary of facts] The
fact/circumstances of this conviction will be relied upon to establish [propensity to be
untruthful/propensity to commit offences of violence/false impression etc.]
Conviction 2 – [X years ago, date, summary of facts]
The circumstances of these previous convictions have not been provided and so, at this stage, it would be
correct to rely on the fact of the convictions alone.
If objecting:
The defendant disputes that... The defendant admits that...
2) How you will prove these facts, if in dispute.
[Need to state what you rely on to prove the facts of misconduct eg certificate of conviction, official
record, other evidence]
The prosecution have provided…and it is this that can be used to prove the facts ie the convictions. // The
above facts will be proved by certificates of conviction (attached).
3) Reasons why the evidence is admissible.
Why admissible:
FIRSTLY, SET OUT THE RELEVANT WORDING FROM THE STATUTE:
Defendant: S101 state relevant gateway from 7 gateways - (a) to (g) – and HANSON
Ie paste: “It is relevant to an important matter in issue between the defendant and the prosecution:
s.101(1)(d) CJA 2003”
Then explain: “it is the prosecution/defence case that…
Non-Defendant: s100(1)
(a) It is important explanatory evidence
(b) It has substantial probative value (ie nature/number of events, where/when events happened) in
relation to a matter which:
(i) Is a matter in issue in the proceedings AND
(ii) Is of substantial importance in the context of the case as a whole
s100(3) - factors the court will consider: Nature and number of events, events alleged happened, previous
misconduct and the similarities/dissimilarities between these instances, evidence that same person
responsible each time.
SECONDLY, APPLY THE RELEVANT FACTS OF THE SCENARIO:
THIRDLY, SET OUT THE STANDARD OF PROOF WHERE RELEVANT.
Why objecting:
