Evidence Exam Flashcards
Who is the DPP
THE OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTION
Another very important department that assists the police in their role of law enforcement
is the office of the Director of Public Prosecution which is considered the state’s prosecutor
Function of the justices of peace
A Justice of the Peace refers to persons appointed by the President by warrant and includes
a Clerk of the Peace, to perform the following functions:
a) The issuing of Summonses
b) c) The issuing of Warrants (Warrant of Arrest and Search Warrants)
The granting of Bail to persons in custody and the fixing of the amount of Bail
d) The taking of Recognisances
e) Authenticating statements given voluntarily by persons arrested for and
accused of committing crime
f) The administering of Oaths (as ex officio Commissioners of Affidavits)
Composition of the Criminal Justice System of Trinidad and Tobago
he Criminal Justice System of Trinidad and Tobago comprises of:
➢ The Police Service
➢ The Courts of law, and
➢ The Prisons Service/other correctional institutions.
What is coroner court
Coroner’s Court
This court can be described as investigative in character. It is presided over by a
magistrate who is called the coroner. It obtains evidence from witnesses in such
matters as unnatural deaths, fires where arson is suspected and disasters to determine
whether a specific crime was committed and if there is enough evidence to prosecute
persons as a result of the occurrence.
Define court
A Court of Law is a judicial body set up to adjudicate in legal matters
Correctional institution
Correctional Facilities & Detention Centers
a. Golden Grove Prison
b. Remand Yard, Golden Grove
c. Golden Grove Women’s Prison
d. Golden Grove Maximum Security Prison
e. Maximum Security Prison, Fredrick Street, POS
f. Carrera
g. Youth Training and Rehabilitation Centre (Y.T.R.C.)
h. St. Jude’s Home for Girls
i. Eastern Correctional Rehabilitation Centre, Santa Rosa
Functions of a court
- To declare the law where Parliament has not been sufficiently explicit
To prevent any tendency towards arbitrary government
To determine the exact penalty to be suffered by persons breaking the Law
- To declare the law where Parliament has not been sufficiently explicit
- To decide disputes between citizens
To restrain any person who interferes with the rights of others
- To decide disputes between citizens
- To provide a means whereby, as far as possible, an offended person can
obtain redress for grievance suffered - To hear evidence from witnesses and explain the law in relation to the fact
Habeas corpus
A writ to a person detaining another in custody commanding him
to produce that person before a court
What is a Constitution?
The term constitution is a Latin term denoting an important law (constitutiones principis),
that is usually proclaimed by a Roman emperor. The term is also widely used in Canon Law
for important determinations especially by the Pope. In lay terms, a constitution is a set
of rules which governs an organization.
What is ENSHRINED RIGHTS AND FREEDOMS
Rights and Freedoms are created to protect democracy and to prevent abuse of power.
What are some example of enshrine and rights and freedoms
following human rights and fundamental freedoms to be enjoyed by each individual:
a) The right to life, liberty, security of the person and enjoyment of property.
These cannot be taken away by the State except by due process of law.
b) The right to equality before the law and the protection of the law.
c) The right to respect for an individual’s private and family life.
d) The right to equality of treatment from any public authority in the exercise
of any functions.
e) The right to join political parties and to express political views.
f) The right of a parent or guardian to provide a school of his own choice for
the education of his child or ward.
g) Freedom of movement.
h) i) Freedom of conscience and religious belief and observance.
Freedom of thought and expression.
j) Freedom of association and assembly.
k) Freedom of the press
How are these rights enjoyed?
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Trinidad and Tobago Police
The purpose of the judge rule
- To standardize procedure in all forces and in all courts;
To afford safeguards to the Police, who act in accordance with these rules;
and
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Trinidad and Tobago Police Academy Induction Training: PB 00136 Evidence & Procedure 2022 (8th Edition)
- To standardize procedure in all forces and in all courts;
- To protect a prisoner from improper action and to ensure that
statements made by prisoners are voluntarily given.
What is judge Rule 1
- Explained
Gives Authority to the Police Officer to
Enquire and Question all persons (suspected
or not) when it comes to establishing
whether an offence has been committed
and by whom
What is judge rule 2
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 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.”
What is causation 3
“ 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.”
When should rule 3 be used
Where a person is charged with or
informed that he may be prosecuted for
an offence he shall be cautioned:
Judges rule 5
All Written Statements made after caution shall be
taken in the following manner.
If a person says he wants to make a Statement
He shall be told that it is intended to make a
written record of what he says
He shall be asked whether he wishes to write
his statement for himself
If he cannot write or would like someone to
write it for him, you the Police may offer to
write the statement for him
What is proof
What is proof?
• “The establishment of the existence or
non-existence of some fact to the
satisfaction of the court of law / trier of
facts”.
What is the stand of proof
Standard of Proof
• What do you think is the standard of proof?
Who is a competent Witness?
“
A person who is capable of
understanding that he is under an
obligation to give truthful evidence, and
who, in the opinion of the Court is capable
of understanding and of communicating a
reply to a question.”
Codification of the Constitution
A fundamental classification of a constitution is either codification or lack of codification.
A codified constitution is one that is contained in a single document, which is the
single source of constitutional law in a state.
