Adverse Inferences and ID procedures Flashcards
Role of solicitor at police station
Protect D’s interests and advance their case by:
1. Advice
2. Intervening where necessary
When can police remove a soliticotr from interview?
- SI
- Sol is preventing or obstructing questions being put to client
When can adverse inferences be drawn?
- Other evidence
- Offered ILA; and
- Grounds (s34. s35, s36, s37, refuses sample, ID procedure, no defence statement)
UNLESS
1. Silence due to LA and jury beleive genuine and reasonable
2. Breach of PACE
3. Insufficient disclosure
Proper inferences
- Invented
- Knew it would not withstand questioning (ambush defence)
- No reasosnable explanation at time of interview
s34 inference
Failure to mention something later rely on if:
- D brings up new evidence at trial did not mention in interview or witness statement
- Caution
- No good reason for D to remain silent (Argent Factors: unfit / disclosure / weak case / no comment due to legal advice adn genuinely and reasonable silent because of this)
s36 inference
Failure to account for Substance, Mark or Object on person or in area at time of arrest
- Special warning
s37 inference
Failure to account for presence at or near scene around time of offence
1. sepcial wanring
2. D was arrested near scene at around time of offence
When must an ID procedure be held
- Witness claims to be able to identify D (seen face - description of clothing or car is insufficient + D has no connection to scene)
- D disputes presence at scene or involvement in offnece or being person witness saw
UNLESS
1. Not practicable; or
2. No useful purpose in proving / disproving D ws involved (because D is known to eyewitness or D does not dispute thier presence)
Types of ID procedures
if D is known to police:
- VIPER (must be shown with 8 others)
- PARADE (must be in line with 8 others)
- GROUP (taken to place where D will be seen in a group)
- CONFRONTATION
If D is not known to police, police can show W photographs to identify D to then hold ID procedure provided:
- shown 12 photos at a time
- record description before show photos
Charging Decisions
- Who
- How
- Timelimits
Who: CPS (can be police if summary only or either way but expected D to plead guilty and sentecning could happen in Mags)
How:
- Arrest and charge
- Requisition (approved by CPS)
- Summons (approved by Mags)
Time limit:
- Indictable offence: no limit
- CPS: no limit
- Requisition / Summons: 6 months of offence
