SGS 3 - The interview Flashcards
What does R v Roble say about disclosure and adverse inferences?
Would not be proper to draw adverse inferences under s34 where the solicitor has been given such little disclosure to be able to usefully advise the client.
What 2 things does the suspect have the right to see?
A copy of the custody record (COP C 2.4) and the first description given by any identification witness (COP D 3.1)
What does R v Knight say about adverse inferences?
Adverse inferences can still be drawn when the suspect hands in a written statement, if they later mention something which was not included in the written statement.
What does R v Howell say about sufficient disclosure?
The fact that disclosure was given orally (i.e the contents of witness statement dictated orally where statement not finalised yet) will not be a sufficient reason for a silent interview where oral disclosure given is adequate - so adverse inferences can still be drawn.
When can adverse inferences NOT be drawn?
1) insufficient disclosure (R v Roble)
2) where the detainee has asked for legal advice and not been given - been interviewed without solicitor (COP C Annex C para 1 / COP C 6.6
3) where the detainee was not cautioned properly using the caution in COP C 10.5
What do you need to do when questioning a suspect on s36 or s37?
special warning COP C 10.11
What category of offence is Affray and what is the AR and MR?
Either way.
AR: A uses or threatens unlawful violence towards another and would cause a person of reasonable firmness present at the scene to fear for his personal safety
MR: Intention to threaten violence or awareness that his conduct may be violent/ threaten violence
What category of offence is Fear or provocation of violence and what is the AR and MR?
Summary only.
AR: uses threatening, abusive or insulting words/behaviour towards another
MR: Intention to cause V to believe that unlawful force would be used against him or another; OR intent to provoke violence from that person
What category of offence is Possession of an Offensive Weapon and what is the AR and MR?
Either way.
AR: D has an offensive weapon (s1(4) PCA) in a public place without lawful authority or reasonable excuse
MR: if the article is not ‘offensive per se’ need to show intent to use for offensive purpose
What category of offence is Going Equipped for Theft and what is the AR and MR?
Either way.
AR: D not at his place of abode, has with him any article, for use in the course of or in connection with a burglary/theft
MR: intent to use the article for that purpose
