Advising a Client pt 2 Flashcards
Advising the client on the relevance of previous misconduct
Evidence of a defendants bad character is admissible under the Criminal Justice Act 2003 s101, Which are known as character gateways.
If such evidence is admitted it may be used to show that the client had the propensity to commit the offence of which they are accused, or to attack the credibility of their evidence.
What are some examples of character gateways and how many of them need to be satisfied.
- To correct a false impression given by the defendant
- If the defendant has made an attack on another persons character.
- The evidence is adduced by the defiant or is given in answer to a question asked by defendant.
If one or more is satisfied evidence of previous misconduct will be admissible and the defendant can be cross examined on it.
What precautions should you take in relation to previous misconduct by the defendant
When the client is answering question or hands in a statement, the lawyer must carefully consider whether any admissions of previous bad character is necessary.
Advise the client of the dangers of making such assertions.
Advising whether to consent to fingerprints being taken
If the offence which the client has been arrested for is a recordable offence, the client should be advised that resistance is pointless and could result in a charge of obstruction or assault on a police officer.
How must appropriate consent to fingerprints be provided at the police station
It must be in writing
How does the age of the client determine the process for obtaining fingerprints
- If 18 years or older consent of that person is required.
- If aged 14 year or more, consent of both the juvenile and a parent or a guardian
- If under 14 years it is the consent of a parent or a guardian
If a parent or a guradian is not present consent can be given by telephone, but they must be given full information and must be allowed to speak to the juvenile.
How is consent obtained for someone with a mental disorder or mentally vulnerable person
Consent must be given in the presence of the appropriate adult.
In what circumstances can the police obtain fingerprints by force?
- At the police station when a person is detained in consequence of arrest for a recordable offence., provided that they have not had their fingerprints taken in the Course of an investigation.
- If they are charged with a recordable offence or informed that they have been reported for such an offence, and their fingerprints have not been taken throughout the course of the investigation.
- If the person answering for bail at the police station or court, casts reasonable doubt that they are not the same person or the person who has answered for bail claims to be a different person from the person whose fingerprints were taken on a previous occasion.
- If they have been arrested for a recordable offence and are on bail and their fingerprints have not been taken throughout the course of the investigation.
- if a constable reasonable believes that the person is committing or attempting to commit or has committed or attempted to commit an offence and the name of the person is unknown and their true identity cannot be determined
Police powers in relation to taking photographs.
Code D paras 5.12- 5.16 provides that a person detained at a police station may be photographed with appropriate or without appropriate consent if it is not practicable to obtain it.
When would it not be practicable to obtain consent?
Code D NFG 5E outlines it would not be practicable if the person is drunk or otherwise unfit to give consent,
- if there are reasonable grounds to suspect that if the person became aware that a photograph was to be taken they would take steps to prevent this.
- that in order to take a suitable photograph it must be done covertly.
Who must the photograph be taken by?
Must be taken by a police constable and reasonable force can be used. The
Advice to the client in relation to photographs
The client should be advised that resistance could result in a charge of obstruction or assault on a police officer
What are the different types of identification available in identification procedures
- An identification parade is when the eye-witness sees the suspect in a line of others who resemble the suspect.
- A group identification is when the eye-witness sees the suspect in an informal group of people
- A video identification is when the eye-witness is shown images of a known suspect, together with similar images of others who resemble the suspect.
What conditions make the holding of an identification procedure necessary?
Code D para 3.12
- An eye witness has identified a suspect or purported to have identified them prior to group identifications or identification parades
- There is an eye witness available who expresses an ability to identify the suspect or there is a reasonable chance of an eye witness being able to do so
- The eye witness has not been given an opportunity to identify the suspect in a video or group identification or identification parade
- The suspect dispute being the person the witness claims to have been seen
How do the police determine which identification procedure is selected for the client to take part in
Code D para 3.14 makes it clear that video identification is preferred method unless it is not practicable or another type of identification is more suitable such as an identification parade