Exam

Question 1

R v Paris, Abdullahi and Miller 1993

Answer 1

Solicitor should take an active role in defending the client’s interests

Question 2

Solicitor should take active toke

Answer 2

R v Paris, Abdullahi and Miller

Question 3

R v Howell

Answer 3

is vital that you maintain a comprehensive contemporaneous record of every matter

Question 4

What case established importance of keeping full record

Answer 4

R v Howell

is vital that you maintain a comprehensive contemporaneous record of every matter

Question 5

What cop acknowledges the role of the solicitor at the police station

Answer 5

COP C 6D

Question 6

The client has a co-accused and they are running cut-throat

defences (blaming each other)

Answer 6

Remind him that they don’t have to answer to what the coaccussed has said.

Anything he says can be used as evidence against client

If asked why coaccused said something he should not give his opinion, unless there is good reason to, but merely reply ‘ask my co-accused why he said it’.

Remind that what a suspect says in interview is only evidence against the suspect being interviewed. In the absence of other evidence, a suspect may not be charged on the basis of anything incriminating a co-suspect has said in interview about the other suspec

Question 7

Joint enterprise - questions to ask

Answer 7

Need to determine if someone had more involvement than the other. Establish whether

1. Evidence that establishes a plan to commit a plan
2. . The evidence to show that your client had the necessary intent to encourage or assist in the crime - did something to further the plan
3. Has something occurred that was outside the agreed plan? If so, is there. evidence to suggest that that was foreseen as possible by your client
   and that your client tacitly or expressly encouraged or gave his. intentional consent to what occurred outside the original plan,

Question 8

What cop section deals with identification issues

Answer 8

COP D governs ID procedures.

Question 9

What are the issues of identification identified in R n Trumbull

Answer 9

A 
D 
V 
O 
K 
A 
T 
E

Question 10

What section deals with searches of persons on arrest

Answer 10

Section 32. PACE– searching a person on arrest

Evidence obtained as a result of an unlawful search in these circumstances
would be difficult to exclude as the court would have to be satisfied that it
would have such an adverse effect on the fairness that it ought not to be
admitted (s. 78 PACE).

Question 11

What sections deal with searching premises

Answer 11

Section 32 PACE – Searching premises on arrest

Section 18 PACE – Searching premises after arrest

Question 12

Interaction between s18 and 32 case

Answer 12

R v Badham

Question 13

What section sets out custody sargeant duties

Answer 13

S. 34 and 37 pace

Question 14

What do you do when you see client at station

Answer 14

1. Check custody record
2. Welfare consultatiob with client.. Don’t advise on offence. Explain you can advise further following disclosure
3. Disclosure - COP 11.1A
4. Advise whether to remain silent or answer questions

Question 15

What do you do if The client tells you that he has committed the offence but wishes
to deny it in interview

Answer 15

advise the client that he cannot allow him to
lie to the police (Principles 1 and 2, Outcomes 5.1 and 5.2). In these. circumstances the client has three options:

 He can admit the offence to the police in interview;
 He can exercise his right to silence and answer ‘no comment’ to all questions posed in interview; or
 The solicitor no longer acts and the client is interviewed on his own or with a new solicitor.

Even if the client agrees to answer no comment but then States his fabricated defence, Stop the interview and have a private consultation with the client reminding him that the solicitor cannot continue to act for them or if he refuses state that you’re no longer advising them

Question 16

The client wishes to answer some questions in interview but not
others (‘a mixed interview’)

Answer 16

If a suspect gives a mixed interview where he admits some elements of. the prosecution case that are in issue but denies others, the rule is that
both the exculpatory (denial) and the inculpatory (admission) parts are admissible as evidence.

This means that the full contents of the police interview will be. made known to the court and it may affect the jury’s perception of the defendant’s credibility that he was not fully open with the police.

Question 17

What to do when officer asks questions concerning our clients character

Answer 17

Strictly speaking, the officer should not ask questions in the interview relating to character, as the definition of an interview is ‘the
questioning of a person regarding their involvement or suspected involvement
in a criminal offence or offences’ (Code C 11.1A).

This definition excludes the relevance of questioning as to. previous convictions.

Should the officer try to ask such questions, he
should be asked to justify his questioning in the light of Code C 11.1A.

Question 18

What section deals with juveniles

Answer 18

COP C 3.13-3.15

Question 19

What is one of the main safeguards given to juveniles

Answer 19

Attendance of the appropriate adult

Question 20

What section sets out who can act as AAs

Answer 20

COP C1.7

the parent, guardian or anyone else with parental responsibility;
 a social worker; or
 any other responsible adult who is not a police officer.

Question 21

What section deals with charging and the circumstances

Answer 21

S. 37B Pace

Question 22

What section governs bail after charge

Answer 22

S. 38 pace

Question 23

What are the public funding tests

Answer 23

1. Means test

2. Interests of justice test