Criminal Advocacy Tests

Question 1

Exclusion of identification evidence - exclusion bc of poor quality

Answer 1

1. At court’s discretion under s.78
   PACE.
2. Argue for/against based on ADVOKATE:
   Amount of time
   Distance
   Visibility
   Obstruction
   Known
   Any reason to remember
   Time lapse
   Errors

Question 2

Exclusion of confession

Answer 2

1. Remind the court that once admissibility is challenged, it is for the prosecution to prove beyond a reasonable doubt that the confession is not unreliable.

-> Confession MUST be excluded if the prosecution do not reach this BOP.

2. Identify that the confession is relevant to a matter in issue between the prosecution and the defense and is therefore admissible.
3. Grounds to have confession excluded:
   - Unreliable owing to things said or done to render it unreliable.
   - Unreliability owing to oppression.

-> Demonstrate causation from the things said or done or oppression from the confession.

Question 3

Admissibility of hearsay evidence

Answer 3

Hearsay is not admissible in criminal proceedings unless:
- Under statute
-> Unfit/out of country
- By rule of law
-> Res gestae
- By agreement of the parties
- In the interest of justice

Question 4

Plea in mitigation

Answer 4

Remind court sentence must be proportionate to the seriousness of the offence.

+ 1/3 reduction in sentence for guilty plea at earliest opportunity.
+ Suspended sentence.

Question 5

Submission of no case to answer

Answer 5

After prosecution rests, D. wants to say the evidence is so shit the case shouldnt proceed.

• Remind court the burden is on prosecution to prove all elements of the offence are made out.
• The evidence is so manifestly unreliable that no reasonable court ought to convict it.

Question 6

Exclusion of any evidence

Answer 6

Generally, there is a discretion of the court to exclude prosecution evidence if it would have such an adverse effect on the fairness of the proceedings that it ought to be excluded.

(Can use this with other tests or alone).

Question 7

Bail Application

Answer 7

There’s general right to bail unless an exception AND real prospect of custodial sentence.

Exceptions (SNEICC):
- Substantial grounds to fear D. might not surrender.
- Nature & seriousness of the offence.
- Evidence strength.
- Interference with witnesses (potentially).
- Character of D.
- Compliance with past bail conditions.

Question 8

Admissibility of bad character evidence

Answer 8

PICARD, you are a bad man!

Can only be admitted if:
1. Parties agree it’s admissible.
2. Evidence in this case similar to past cases such as D’s propensity to be dishonest.
3. Corrects a false impression given by the D.
4. Attacks another’s character.
5.Relevant to an important matter between the prosecution and the defense.
6. D. said it.