Miscellaneous Criminal Flashcards
Name 7 things you should do on arrival at the police station.
- Ask Custody Officer for Custody Record and examine for breaches of PACE 1984/Codes of Practice.
- Check Custody Record for time of arrival for beginning of 24 hour countdown.
- Speak to Investigating Officer for details of the case.
- Take private instructions/advise your client.
- Check your client’s fitness for interview.
- Check client’s wellbeing.
- Check client has had a drink.
Name 2 things to do prior/during an ID Procedure not mentioned in Codes of Practice.
- Make sure your client has changed their clothes.
2. Take independent notes of everything said by officers and witnesses.
Give 6 reasons why answering all questions in interview might be appropriate.
- Client is fit and will perform well.
- Police have fully disclosed case, so there is little risk of ambush.
- Police have a strong case, and best to respond immediately.
- Where client intends to admit guilt, to help with sentence reduction.
- Your client has a strong case, and you think charges may be avoided by putting the case.
- To avoid any adverse inferences being drawn.
Give 5 reasons why a no-comment interview might be appropriate.
- Client is not fit, or will not perform well.
- Police have not fully disclosed their case, and there is a risk of ambush.
- The police have a weak case, and you don’t want to implicate yourself unnecessarily.
- The matter is too complex or too old to give information immediately.
- Your client has previous convictions and their explanation involves attacking a witness’ credibility.
When will a no-comment interview followed by a prepared statement be advisable? What will it help avoid?
Where your client is not fit for interview, but you want to put their case forward quickly. If their account remains consistent throughout the litigation, it will avoid inferences being drawn.
When inferences are drawn under s34 CJPOA 1994 what factors will a court consider when assessing whether it was reasonable to expect a Defendant to mention a fact? Case.
R v Argent:
- Time of day.
- Health, age, mental capacity.
- Tiredness, intoxication.
- Effect of legal advice.
In order for inferences to be drawn under ss36-37 CJPOA what must first be given?
The special caution.
When assessing whether an attack on a witness’ character under Gateway B is of probative value, what should be considered?
- General bad character evidence - relevance to case? Does it explain his false version of events? Does it show he is untrustworthy?
- Previous convictions - do they involve dishonesty? Have they lied to the court, either in the offence or by pleading not guilty?
What is the test for whether something is of ‘substantial’ probative value? Case.
Whether a fair-minded tribunal would regard the evidence as affecting the worth of the witness’ evidence - R v Brewster and Cromwell.
Name 3 other ways in which evidence may be called to undermine a witness’ credibility.
- Previous inconsistent statement.
- Reputation for untruthfulness.
- Physical or mental disability.
Under what circumstances may a Makanjuola Warning be issued?
- Witness has grudge against Defendant.
- Witness has an ulterior motive for their evidence.
- Their evidence is unsupported.
- Witness is mentally unstable.
- Witness has previously been untruthful.
When you wish to dispute identification evidence, what should you do?
- Request the court to issue a Turnbull Warning.
- The court will then warn the jury of the unreliability of identification evidence, and run through the Turnbull Guidelines.
- The witness will then be cross-examined.
What are the 7 pros of a trial in the Magistrates’ Court?
- Come to trial quicker.
- Lower prosecution costs.
- Less stressful/more familiar if been there before.
- Limited sentencing powers (though can be referred to Crown Court for sentencing).
- Less publicity.
- Additional appeal tier.
- No requirement for a Defence Statement to be served (saving time and expense).
What are the 2 pros of a trial in the Crown Court?
- Better location for evidential issues as ‘voir-dire’ procedure means jury not influenced by inadmissible evidence.
- Statistically higher acquittal rate, as juries are not case-hardened.
When considering whether a DEFENDANT has a propensity to commit offences of that type, what will be taken into account in his offending history? Case.
R v Hanson:
- Are the previous offences the same type as this one?
- How many are there?
- How recent are they?
- Were the circumstances similar?
