CRIMINAL PROCEDURE RULES PART 22



Appendix.Model TP Defence Statement The first form that you should receive from the magistrates’ court either together with or shortly after your summons and prosecution evidence statement, should be your “Preparation for Effective Trial“ form (CrimPR Pts I&III). You should ensure that you answer ‘yes’ to Q.8.2 & 8.5 by referring the court to the answers you will be provifing it in this Statement, and confirm in answer to Q8.3 that you are submitting this defence statement. Additional you should tick ‘yes’ in answer to Q10.3 and again refer it to this statement. However, in addition it may well be appropriate and convenient to add to that form, in the additional information space (on p.4) the following statement.“ I am proposing to assert a justification defence, relying on my rights and arising under s.3 CLA 1967, in respect of cime prevention, full and further particulars of which appear on my defence statement. I do not specifically anticipate that this will necessarily require the court to hold a preliminary hearing (per CrimPD 3A.9), the matters being well capable of being dealt with at trial, unless extra-ordinarily the prosecution chooses to object to my being allowed to so do so. In which event, the court may well then consider that a preliminary hearing on that issue alone may need to be held”Be generally aware that in the defence statement you certainly are not required to set out in full all aspects of your defence, but rather to put both the court and the prosecution on reasonable notice of aspects and matters of your proposed defence, which will permit the court to make appropriate and suitable case management arrangements to enable you to present your defence, and equally enable the prosecution to prepare any legal arguments in rebuttal which it may deem appropriate.There now follows a model defence statement although it is, of course, up to you to tailor it to both the specific facts of your case and the features which you perceive as being most important. In particular, wherever there are alternate statements provided and indicated with an asterix ( “*” ) you should naturally delete as appropriate.DEFENCE STATEMENT(Criminal Procedure and Investigations Act 1996, section 5 & 6; Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011; Criminal Procedure Rules, rule 15.4) Case detailsName of defendant:Court:Case reference number:Charge(s):When to use this formIf you are a defendant pleading not guilty:(a) in a Crown Court case, you must give the information listed in Part 2 of this form;(b) in a magistrates’ court case, you may give that information but you do not have to do so.The time limit for giving the information is:14 days (in a magistrates’ court case)28 days (in a Crown Court case)after initial prosecution disclosure (or notice from the prosecutor that there is no material to disclose).How to use this form1. Complete the case details box above, and Part 1 below.2. Attach as many sheets as you need to give the information listed in Part 2.3. Sign and date the completed form.4. Send a copy of the completed form to:(a) the court, and(b) the prosecutorbefore the time limit expires.If you need more time, you must apply to the court before the time limit expires. You should apply in writing, but no special form is needed.Part 1: PleaI confirm that I intend to plead not guilty to [all the charges] [the following charges] against me:Part 2: Nature of the defenceAttach as many sheets as you need to give the information required.Under section 6A of the Criminal Procedure and Investigations Act 1996, you must:(a) set out the nature of your defence, including any particular defences on which you intend to rely;(b) indicate the matters of fact on which you take issue with the prosecutor, and in respect of each explain why;(c) set out particulars of the matters of fact on which you intend to rely for the purposes of your defence;(d) indicate any point of law that you wish to take, including any point about the admissibility of evidence or about abuse of process, and any authority relied on; and(e) if your defence statement includes an alibi (i.e. an assertion that you were in a place, at a time, inconsistent with you having committed the offence), give particulars, including –(i) the name, address and date of birth of any witness who you believe can give evidence in support of that alibi,(ii) if you do not know all of those details, any information that might help identify or find that witness.Signed: …………………………………………….. defendant / defendant’s solicitorDate: ………………………….WARNING: Under section 11 of the Criminal Procedure and Investigations Act 1996, if you (a) do not disclose what the Act requires; (b) do not give a defence statement before the time limit expires; (c) at trial, rely on a defence, or facts, that you have not disclosed; or (d) at trial, call an alibi witness whom you have not identified in advance, then the court, the prosecutor or another defendant may comment on that, and the court may draw such inferences as it thinks proper in deciding whether you are guilty.Defence StatementI propose to rely upon the justification defence afforded me, as of right, under s.3 of the Criminal Law Act, 1967, in that I will assert that the acts or actions, of which I stand accused and which comprise in the criminal conduct element of the charge (or charges)* made against me, were only such as were in the circumstances, fully reasonable for me take in order to try to prevent a far far graver crime.That crime comprises in a criminal conspiracy to commit a war crime, entered into by the corporate entity of the Secretray of State for Defence (“the SSD”), to wit, in relation to the creation and maintenance of the UK Government’s Trident submarine launched ballistic missile nuclear deterrence defence policy, having thereunder perpetrated a contingency plan to lauch a disproportionate attack using said weapons. Specifically, with respect to the contingent targetting options created and which if implemented, would obliterate the city of Moscow, inevitably causing massive incidental loss of life, and/or injury to civilians, and/or damage to civilian objects and/or widespread, long-term and severe damage to the natural environment, all of which would be clearly excessive in relation to any direct and overall military advantage which has, or could ever be, anticipated thereby.That such said conduct comprises in the said statutory offence under s.52(1) of the International Criminal Court Act, 2001 (c.17—Part V) (as amended) and as that provision is given effect by reason of the further provisions of ss.51(1), 52(2)(a)&(4), 55(1)(c)&(4)(b) of that Act & of s.1 of the Criminal Law Act 1977, and as it it turn gives domestic UK effect to Article 8(2)(b)(iv) of the Rome Statute for an International Criminal Court 1998 (the “Rome Statute”) and as incorporated unaltered into the said Act of 2001 per subs.50(1) & (6) to & Schd.8 thereof.I shall seek to establish, in particular, that as an objective question of law :(a) the actions I took amount to a “use of force” within the meaning of the s.3 defence relied upon ; and that(b) the crime which I was seeking to thereby prevent is a crime under UK domestic law and applicable to the accused party, namely the SSD.I shall at the appropriate junction serve upon the court full and further legal argument in relation to this matter.( * )I shall seek to establish that, as a question of fact, I held an honest belief in the existence of the requisiste factual elements which comprise in said criminal conspiracy; and to that end I shall be relying on a number of Expert Evidence Reports which I have read and considered thoroughly ( * )Finally, that basing my actions on my genuine belief in said facts, I propose to give further evidence as why the actions which I took were appropriately and sufficiently (*)(a) proportionate(b) immediately required(c) reasonably effective(d) proximate to the crime, and finally(e) performed without malice or unreasonable unlterior intentso as, in all the prevailing circumstances, to make them objectively reasonable. ................
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