Investgstion Proceedure

Question 1

Witnesses statements should cover

Answer 1

ID of those involved
With WHO the agreement was made
What OFFENCE was planned
Any ACTS carried out to further common purpose

Question 2

Suspect interview should cover:

Answer 2

• existence of AGREEMENT to commit offence OR “ “ to do or omit anything that would amount to an offence
• INTENT of those involved in agreement
• ID of everyone concerned
• whether anything was written, said or done to further common purpose

Question 3

Charging

Answer 3

R V Huphres: it may be appropriate to include a charge of conspiracy where a charge of substantive offence does not adequately represent the total criminality

BUT laying both can be undesirable because:
- the evidence for conspiracy charge my have a prejudicial effect in relation to other charges
- judge may dissallow some evidence due to it being too prejudicial
- may complicate and prolong trial
- severance may be ordered

Approval of supervisor required before conspiracy charge laid