Draft letter advising Roberts Ozols on the following: The law relating to bail in criminal proceedings, and the powers the courts in relation to bail in this instance

University of West London

School of Law

LLB

Criminal Law

Module Code: LW40054E

Level 4

Credits 20

Weighting: 50%

Summative Assessment A2

Task 1 (up to 1000 words)

CASE STUDY: ROBERTS OZOLS

The client, Roberts Ozols, is a Latvian national, aged 35. The firm previously acted for him in relation to a drink driving prosecution. His girlfriend, Anna German, has just called Kempstons, using the out of office hours emergency number, and has informed you that Ozols has been arrested at a local bar. She believes it relates to an incident at a party they both attended a few days earlier.

There was a fight, and someone was stabbed. She is concerned because the arrest was in the evening, and Ozols had been drinking quite heavily. Anna German gives you a brief account of events at the party. From the existing file, you know that Ozols has been living in England for three years. He runs a car wash business, earning about £25,000 a year. He lives with his girlfriend and their 18 month old daughter. His only previous conviction, so far as you are aware, is the one for drink driving.  Ozols was disqualified from driving and fined £500.00 with costs and the victim surcharge amounting to a total of £125.00.

The police have confirmed that he has been arrested on suspicion of a wounding contrary to s20 of the Offences Against the Person Act 1861(OAPA)

Required:

You are a trainee lawyer with Kempstons. You work in the criminal litigation department. The firm has a 2010 Standard Crime Contract. Among the cases the firm is dealing with at present is the above case.

You have been asked to complete the following:

A. Draft letter advising Roberts Ozols on the following:

1. The law relating to bail in criminal proceedings, and the powers the courts in relation to bail in this instance.

2. Sentencing options and procedures of the court should he be found guilty.

You may find this link useful in your research to answer the question on likely sentences.

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/inflicting-grievous-bodily-harm-unlawful-wounding-racially-or-religiously-aggravated-gbh-unlawful-wounding/

Task 2 (up to 500 words)

Find a current appropriate legal journal article that discusses the issue of Bail (police or court). Explain the following.

(1) Who wrote the article and when?

(2) The name of journal it is from

(3) How you found it (what research did you use)

(4) In your own words the main argument contained within the article summarised.

(5) Do you agree or disagree (and why) with the findings?

Your work should be fully referenced to support your answers using the OSCOLA form of referencing and footnotes.

All submission must be your own work and submitted via TURNIN on a word document.

You may go +/- the total word count (1500) by 10%

Both elements should be submitted together on one document

Example Answer

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[Your Name]

Trainee Lawyer Kempstons

[Date]

Roberts Ozols

[Address]

[City, Zip Code]

Dear Mr. Ozols,

Re: Your Recent Arrest and Bail Proceedings

I hope this letter finds you well, albeit amidst a challenging situation. I am writing to provide you with some legal guidance regarding your recent arrest and the bail proceedings that may ensue.

The Law Relating to Bail in Criminal Proceedings:

Bail is a fundamental aspect of the criminal justice system in the United Kingdom, designed to balance the rights of the accused with the interests of justice and public safety. When a person is arrested, they may be granted bail, which allows them to be released from custody pending trial or further inquiries.

Powers of the Courts in Relation to Bail in This Instance:

Given the seriousness of the allegations against you and the nature of the offense under suspicion......continued