police station advice Flashcards
types of evidence
- witness
- identification (witness, forensic, CCTV)
- real evidence (drugs found on suspect)
- forensic/medical evidence
- Circumstantial (only infers D did it) - admissible unless excluded (can be persuasive) - s.76(1) PACE
- Confessions (s.82(1))
exam structure
- STATE 3 OPTIONS
- ANALYSE DEAD
- STATE WHICH OPTION BEST
- and - of the option by ref to facts
- conclude
3 options at interview
silence (no comment)
written statement (prepared statement)
answer questions
why is it ok to use written statement to deal with 1 offence and no comment others? (not in solution - tutor said this)
solicitor provides the written statement
- other side won’t call solicitor to justify what the solicitor wrote and why they didn’t address everything
- not for suspect to justify what solicitor wrote either
no comment - when?
if evidence is weak
Prosecution must prove elements of the case before charge
answer questions - when?
if want to
ONE - persuade police to administer a caution only
TWO - persuade police to take no further action
THREE - suspect has a good defence
written statement - when?
- raise defence without stress of interview
2. control evidence supplied
s.34 inference
if accused “failed to mention any fact relied on in his defence” in circumstances existing at the time where accused could reasonably have been expected to mention when so questioned, the court or jury “may draw such inferences from the failure as appear proper.”
if accused does not state a fact now whilst questioned under caution but then later relies on it in court later in his defence, the court or jury may draw an adverse inference
NOT immediate inference
NO inference if D never charged or if D pleads guilty
DOES NOT STOP D relying on it later
NO INFERENCE IF NO CAUTION (COP C 10.5)
special warning
required to be given for s.36 + s.37
- cop c 10.11
- IF NOT GIVEN no adverse inference
DEAD
Disclosure
Evidence
Argent
Defence
DEAD - DISCLOSURE
“We have sufficient disclosure UPON WHICH WE CAN ADVISE. If there had been no or insufficient disclosure, this can justify an option of not answering questions (Roble)”
NO MARKS if you don’t say ‘upon which we can advise’
DEAD - EVIDENCE
go through each element of the offence
- which ones are problematic and prosecution may not be able to prove
- do easy ones then contentious parts
consider:
- strength of evidence
- what left to prove?
- what evidence needed? can they get it?
- where does evidence have to come from?
- is there evidence police not disclose?
IDENTIFY HOLES IN PROSECUTION CASE and note what evidence is required to prove elements of the offence
STRENGTHS AND WEAKNESSES OF THE CASE
DEAD - ARGENT
say no Argent factors apply and state why (i.e. state the Argent factors + say they don’t apply)
sobriety, experience, age, mental capacity, state of health, tiredness
Usually 1 mark for argent factors and one to say they don’t apply
DEAD - DEFENCE?
Does Client have defence?
state you’ve tested the client on the strength of his defence and are satisfied it is true - continue as though the defence is truth
if self-defence
- raise = admit offence (actus reus), likely to be charged
- not raise = s.34 inference VERY strong later (prosecution will hold onto this)
advantages/disadvantages of each option - general tips
give proper reasons
relate to facts of the case
E.g. self-incrimination by revealing she was at the scene (police don’t know this)
E.g. self-incriminate by saying who X was (police don’t know this)
E.g. s.34 - state exactly what D may want to rely on later in court
