CH.3 CASE ANALYSIS, POLICE STATION ADVICE AND INFERENCES FROM SILENCE

Question 1

Actus Reus

Answer 1

The Act - In almost every crime it is necessary for the prosecution to prove that some action of the defendant’s resulted in the effect, which is a criminal act.

Question 2

Mens Rea

Answer 2

The intent to do wrong that constitutes part of a crime, as compared to the actual act or conduct of the accused.

Question 3

Burden of Proof

Answer 3

Beyond Reasonable doubt The prosecution must be able to prove beyond reasonable doubt each element of the defence (i.e. look to the statute wording)

Question 4

Name 6 types of evidence

Answer 4

1. Witnesses, 2. Identification (witness, forensic or cctv images), 3. Real evidence, 4. Forensic and medical evidence, and 5. Circumstantial evidence, 6. Confessions

Question 5

S.58 PACE

Answer 5

Consultation with a solicitor - all suspects are entitled to consult with a solicitor who will examine the circumstances of the suspect’s arrest and provide the suspect with the appropriate advice.

Question 6

S.37 PACE

Answer 6

Sets out the grounds for detention. - It allows a custody officer to authorise detention in order to secure and preserve evidence and/or to obtain evidence by way of questioning.

Question 7

‘the Cardiff three’ case

Answer 7

The importance of a solicitor’s proactive role in a police interview. R v Paris, Abdullai and Miller (1993) The legal representative was severely criticised by the Court of Appeal for not intervening while Mr Miller was persistently bullied, sworn and shouted at and threatened by the police officers conducting the interviews. Lord Taylor C.J. stated that the non-intervention of the solicitor may even have led the police to consider that their behaviour was acceptable.

Question 8

Who can make the decision to exclude a solicitor from an interview?

Answer 8

a superintendent, or, if he is not readily available, an officer not below the rank of inspector (COP C 6.10).

Question 9

Give two examples of behaviour that would warrant a solicitor being excluded from an interview.

Answer 9

 writing down answers for the client to give in response to those asked by the interviewing officer; or  answering questions on the client’s behalf.

Question 10

What 3 options does a suspect have at interview?

Answer 10

The suspect can: 

1. answer questions
2. no comment or 
3. hand in a prepared statement at the start of the interview which sets out the defendant’s defence and then remain silent (no comment).