RIPA, Issues In Evidence & Incomplete Offences Flashcards
In regards to an oppressive act to get a confession. Can it be directed at a 3rd party ?
No. It must be directed at the suspect to confess directly and there must be a casual link between the oppressive act and the confession.
For encouraging or assisting an offence. Must the offender BELIVE that the offence will be committed ?
Yes. The offender must BELIVE that the offence will be committed and that they encouraged or assisted in the offence’s commission.
Can a person be convicted of conspiracy if the identity of their co-conspirators is unknown ?
Yes.
can a company and one of its directors alone commit a conspiracy ?
NO, as there is no ‘meeting of the minds’
is it possible to incite another to commit a conspiracy ?
No
It is NOT possible to conspire with who ?
A child under 10.
The intended victim.
Your spouse/civil partner unless they conspire together with an additional 3rd party.
If BURTON was stopped by police and then assaulted an officer as he honestly believed that the arrest was unlawful, would he be able to avail himself of the defence of mistake ?
NO. The mistake is one of law and not one of fact making the defence of mistake unavailable. if he had mistakenly believed that the officer was not really a police officer then the defence may have been available
If JAMES states he was threatened by the DC before interview and this caused him to confess. Who has to prove or disprove this ??
Once the defence raise a doubt that the threat caused JAMES to confess, the onus then shifts upon the prosecution to disprove that the threat caused the confession beyond reasonable doubt.
The defence of duress by threats is not open to a charge of which 2 offences?
Murder or attempted murder only.
If Hayley asks Lauren to steal a phone for her, she intends for Lauren to do it but doesn’t believe she will. Lauren then steals the phone, does Hayley commit the offence of encouraging/assisting an offence ?
No. The intent or the fact that the phone is actually stolen is irrelevant. The fact is Hayley didn’t believe Lauren would do it.
If a DC Lies about the suspects fingerprints being found on the murder weapon and then the suspect confessed in interview. Will their confession be excluded in court?
Yes. As it is now unreliable.
Is the location of the premisses from which surveillance took place sensitive material ?
Yes, the informants details and the location of the premises are both sensitive.
Who authorises intrusive surveillance ?
Chief con
Once intrusive surveillance has been authorised, how long does the authorisation last ?
3 months.
If a sec 136 escapes police and is seen 3 days later by police, can they re-take the person as sec 136 ?
No. This would be over the 24 hours for sec 136 and that time would start once they escape.
