Evidence Flashcards
Rule 1 of judge rule
Rule 1
When a Police Officer is trying to discover whether or by whom an offence has been committed he is entitled to question any person, whether suspected or not from whom he thinks useful information may be obtained
A Police Officer can continue to question that person whether or not the person is in custody so long as the person has not been charged with the offence or informed that he may be prosecuted
WHAT IS JUDGES’ RULES
A SET OF RULES DONE AND APPROVED BY A MEETING OF ALL THE QUEEN’S BENCH JUDGES IN 1964
ORIGIN WAS FORMULATED BY JUDGES ON THE KING’S BENCH IN 1912
CONCERNED WITH THE CONFESSION OF AN ALLEGED ACCUSED AND THE INFRINGEMENT OF THEIR RIGHTS WHILST IN POLICE CUSTODY
Police Acdemy
PURPOSE OF JUDGES RULES
- To Standardize Procedure in all forces and in all courts
- To afford safeguards to the Police, who act in accordance with these rules
- To protect a prisoner from improper action and to ensure that statements made by prisoners are voluntarily given.
The Judges Rules do not affect these
Principles
• Citizens have a duty to help Police apprehend offenders
• Police cannot compel persons to come to or remain at the station unless under arrest
• Every person at every stage of an investigation should be able to consult privately with their lawyers whether or not in custody
• When Police has enough evidence to charge a person he should do so without delay or inform them
• For statements made by accused to be admissible in evidence re-police questioning it must have been obtained without fear of prejudice, hope of advantage, exercised or held out by a person in Authority
Police Acdemy
Rule 2 of judge rule
As soon as a Police officer has evidence which would afford reasonable grounds for suspecting that a person has committed an offence, he shall caution that person or cause him to be cautioned before putting to him any question, relating to that offence
What is for Caution- Rule 2
You are not obliged to say anything unless you wish to do so but what you say may be put into writing and given in evidence.”
rulice Acder
Rule 3 of judge of rule
Where a person is charged with or informed that he may be prosecuted for an offence he shall
Judges Rule 3 cautioned
” Do you wish to say anything? You are not obliged to say anything unless you wish to do so but whatever you say will be taken down in writing and may be given in evidence.”
Police Acdemy
STATE OF EMERGENCY
NB - these fundamental rights and freedoms can be taken away during a State of Emergency S.O.E.
The Government can call an SOE when
- The security of the country is threatened by war
- There is a public emergency as a result of an earthquake, hurricane, flood, flood, fire, and outbreak of pestilence, infectious disease or other calamity.
- If public safety is endangered or about to be endangered, or a large part of the community is deprived of supplies
The Criminal Justice System
A Court of Law is a judicial body set up to adjudicate in legal matters
FUNCTIONS:
1)To declare the law where Parliament has not been sufficiently explicit
2. To prevent any tendency towards arbitrary
government
3. To determine the exact penalty to be suffered by persons breaking the Law
4. To decide disputes between citizens
TYPES OF COURTS
- Summary/Magistrate Court
- Children’s Court (Juvenile)
- Coroner’s Court
- High Court
- Appeal Court
- Privy Council
- Tribunals
- Family Court
- Industrial Court
Name some prison in Trinidad and Tobago
Golden Grove Prison
b. Golden Grove Women’s Prison
c. Golden Grove Maximum Security Prison
d. Remand Yard, Golden Grove
Proof of commonest mean
Formal admission
The Criminal Justice System of Trinidad and Tobago comprises of
- The Police Service
- The Courts of law, and
The Prisons Service/other correctional institutions.
Criminal support system
Dpp
Ag
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What is codified
Is a one document that contains all the law
What is proof
The establishment of evidence and non existent evidence of some face satisfaction of the court
Uncodifiy
Is multiple documents that contains the law
What the criminal support
Jp
Jed
Ac
