SGS 5 Flashcards
Can the spouse of a defendant be compelled to give evidence for their spouse’ co-defendant?
They will be competent (s.53(1) YJCEA)
Cannot be compelled unless one of the s.80(3) exceptions applies under PACE, s.80(2A)(a).
What is the main difference between the defence challenging confession evidence under s.76(2) vs s.78?
s. 76(2) need for a causal link: if made out, prosecution must prove BRD that s.76(2) does not apply. If they do not court MUST exclude the confession.
s. 78, entirely at judge’s discretion.
What are the three items to consider under s.78?
Was there an unlawful interview? (COP C 11.1A, 11.1, 10.1, 11.2, 11.7)
unlawful arrest? (s.28)
R v Walsh: breaches must be substantial and significant to trigger s.78.
What must you discuss before the conclusion of a confession evidence discussion?
The procedure (voir dire).
For the exam, what will the important matter in issue between the prosecution and defence be in the context of bad character evidence?
Whether the defendant has a propensity to commit offences of the kind with which he is charged.
What are the offences of the same category?
Theft Act offences (robbery, burglary, theft)
Sexual offences against persons under 18.
What are the main points under R v Hanson?
propensity’ not limited to categories or types of convictions.
A single conviction does not necessarily show a propensity unless it has significant features shared by the offence charged showing a modus operandi.
What is the step for bad character evidence after a Hanson discussion?
Safeguards under s.101(3) and 101(3)
adverse effect on fairness? (i.e. so similar that jury places undue weight on it?)
length of time?
When do Turnbull guidelines apply?
Where the prosecution case depends wholly or substantially on the correctness of the ID evidence and that evidence is disputed.
What are the options open to the judge after completing an ADVOKATE anaylsis?
poor and unsupported - withdraw case from jury and ACQUIT.
poor but supported - allow ID evidence but with special warning.
Turnbull warning elements?
Need for warning (honest mistaken witness)
Examine circumstances in which ID was made.
Remind jury of specific weaknesses.
ID evidence structure?
Do guidelines apply?
Assess strength by applying ADVOKATE
Conclude on overall strength
Explain options available to judge
Choose option
Explain elements of warning.
Beginning of a bad character Q?
Bad character is not admissible unless through one of the gateways under s.101 CJA 2003.
Definition of BC includes previous convictions.
