Exams structure

Question 1

What’s the structure for advising at a police station?

Answer 1

• Set out 3 options
• Analyse DEAD factors very thoroughly and apply to the fact pattern under each factor
• Decide which one option is best
• Set out the advantages and disadvantages of the one option by reference to the fact pattern
• Explain and apply any relevant adverse inferences
• Conclude

Question 2

What’s the structure for admissibility of confession evidence?

Answer 2

• Is there a confession under s. 82 PACE? Does it fit the definition? Apply to facts.
• Confession is admissible under s. 76(1) PACE unless …
• It is excluded under s. 76(2).
• Is there oppression under s. 76(2)(a)? Apply s. 76(8).
• Is it unreliable under s. 76(2)(b) Are there things said or done?
• Is there a causal link? Apply.
• Burden of proof on prosecution – if burden not discharged, court must exclude confession.
• Consider fairness test under s.78 PACE.
• Are there any breaches of PACE/COP e.g. unlawful interview?
• Are the breaches significant and substantial? Case law Walsh – apply.
• Reach conclusion.

Question 3

What’s the structure for bad character evidence?

Answer 3

• Issue and application of s. 98 CJA 2003.

• Explain and apply - important matter in issue between prosecution and
defence – s. 101(1)(d).

• Explain and apply - propensity to commit offences of the kind with which
he is charged – s. 103(1)(a).

• Explain and apply - offence of the same description – s. 103(4)(a).
• Explain and apply – offence of the same category – s. 103(4)(b).
• Explain and apply the case of Hanson.
• Explain and apply any relevant safeguards under ss. 101 and 103.
• Conclude.

Question 4

What’s the structure for identification evidence?

Answer 4

• Do the Turnbull guidelines apply on the facts (explain fully)?
• Apply ADVOKATE & conclude as to the overall strength of the identification evidence.
• Explain the options open to the judge and what the judge is likely to do given your assessment of the quality of the evidence.
• Explain the three elements of the Turnbull warning.

Question 5

What’s the structure for professional conduct?

Answer 5

• Identify the ISSUE that determine whether you can act
• State the relevant mandatory Principles that apply to resolve the issue
• Identify the relevant paragraphs in CCS that must be achieved
• Discuss and apply any or parts of the LSPN to the facts
• Conclude whether you can act and/or what action you would take to ensure that you achieve the relevant outcome and do not breach the relevant Principles identified above.

Question 6

What’s the structure for police powers?

Answer 6

P: Identify the power

A: What is the legal authority granting the power?

C: What criteria need to be met and are they met on the facts?

E: How should the power be exercised and has it been exercised correctly on the facts?