SGS 3

Question 1

What is the additional element of ABH?

Answer 1

Defendant intentionally or recklessly
batters or assault the victim
causing
actual bodily harm

Question 2

What are the three categories of offensive weapons under s.1(4)?

Answer 2

offensive per se: knives knuckledusters etc.

Adapted e.g. broken bottle

Intention to cause injury e.g. tool carried by tradesman (if no intention here, no need to argue any reasonable excuse)

Question 3

Extra detail for PoW?

Answer 3

‘knowingly’ in his possession.

Question 4

What is an extra detail in relation to s.34?

Answer 4

The suspect must give evidence at their trial for s.34 to apply. For ss.36 and 37 to apply failure to provide an explanation will attract adverse inferences regardless of whether the defendant does give evidence.

Question 5

If there has been insufficient disclosure what would your advice be?

Answer 5

This would justify the option of not answering questions.

If sufficient - advise suspect about strength of evidence against him.

Question 6

What should you do in the ‘evidence section’?

Answer 6

set out elements of offence

analyse prosecution evidence on the elements

conclude whether the evidence is strong or weak.

Question 7

What are the Argent factors?

Answer 7

Age, sobriety, health, experience, mental capacity.

Question 8

What should you discuss in the defence section?

Answer 8

Has the suspect got one?

What facts will they later rely on?

Question 9

Advantages of remaining silent?

Answer 9

doesn’t add to strength of prosecution case.

Avoids risk of self-incrimination.

Avoids risk that suspect’s story will not stand up to scrutiny.

Question 10

Disadvantages of remaining silent?

Answer 10

adverse inferences could be drawn.

Question 11

Advantages of answering questions?

Answer 11

• Avoids adverse inferences

- Co-operation may be raised as a mitigation point.

Question 12

Disadvantages of answering questions?

Answer 12

• May give a damaging account,
• Answers can be used as evidence against the suspect.
• Loss of control over how much info is supplied to police

Question 13

Advantages of prepared statement?

Answer 13

• Suspect control info supplied to police
• Protected from self-incrimination
• Doesn’t give a poor / damaging account.

Question 14

Disadvantages of prepared statement?

Answer 14

• R v Knight: Submitting an incomplete prepared statement can lead to an adverse inference under s.34 CJPOA if defendant later relies on facts omitted from the statement in his defence at trial which he could reasonably have been expected to mention in his interview.

Question 15

Why would one use a prepared statement?

Answer 15

raises facts of defence while avoiding stress of interview and controls evidence supplied to police / prosecution.

Question 16

Why would one answer questions?

Answer 16

if disclosure has been sufficient to suggest the CPS will prosecute and the suspect is able to put forward his defence

Question 17

Legal advice to remain silent?

Answer 17

inferences can still be drawn (R v Hoare and Pierce)
If a good defence but chose the remain silent on advice, no inference.
If ‘hid behind’ legal advice, draw inference.
To decide which, waive legal privilege, but then may be cross examined on all information given in consultation.

Question 18

R v Howell?

Answer 18

Absence of a written statement from the complainant is not necessarily a good reason for silence and does not prevent inference being drawn
Put in adverse inference section

Question 19

s.37 and 36 extras?

Answer 19

X was arrested at scene, now in police detention and has been offered legal advice. If he fails to account for item / presence an adverse inference may be drawn.