Criminal (3)
Terms
undefined, object
copy deck
- What forms of evidence can be obtained?
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Witness
ID evidence
Real evidence
Forensice - What is circumstantial evidence?
- Piece together a picture which infers that something happened.
- Is confession evidence admissible?
- Yes. S. 76(1) PACE
- Where can the statutory definition be found in PACE?
- s. 82(1) PACE
- What are the three basic options that a solicitor has in terms of instruction his/her client?
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(1) Answer questions
(2) Prepared statement (handed in at outset)
(3) No comment - What will influence the solicitor's decision in terms of advising her/her client what approach to take for the purpose of questioning?
- The level of evidence that the police have already gathered and disclosed to the solicitor against the D.
- What section relates to adverse inferences?
- S. 34 Criminal Justice and Public Order Act 1994
- What kind of inferences can be drawn?
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(1) Recent fabrication;
(2) Fear of scrutiny; or
(3) No reasonable explanation. - When information is disclosed to the police during an interview in relation to a matter, when, nonetheless, can adverse inferences be drawn?
- When the D's story changes at trial
- When can a change in the defendant's story after questioning not give rise to adverse inferences?
- If a defendant raises new facts that were not reasonably within his knowledge at the time of police question
- When can adverse inferences be relied upon for the purpose of s. 36 and 37.
- As soon as there is a failure for the D to account for his presence or object.
- What is the difference between when adverse inferences can be drawn under s. 34 vs s. 36 and 37?
- No a requirement for there to be a failure to mention something later relied on under ss. 36 and 37.
- What are the requirements for the purpose of drawing adverse inferences under s. 34.
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(1) Under caution - words of c explain;
(2) Accused must rely on the new fact
(3) Must be relied upon
(4) Must be a trial
(5) Must have been reasonable to mention at interview. R v Argent - For the purpose of answering a question related to adverse inferences drawn for the purpose of a suspect's actions, how should you structure your answer?
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D.E.A.D
Disclosure
Evidence
Argent
Defence - What is disclosure?
- The information the police give to the defence solicitor before the interview.
- Does a suspect have a right to disclosure while at the police station?
- No automatic right, apart from a right to see the custody record (COP C 2.4) and the first description of any identification witness (COP D 3.1).
- What do the police usually disclose?
- As a minimum, the basic background to the offence and why the police think that the D is involved.
- R v Roble
- Failure by the police to disclose the basic details could amount to non-disclosure or inadequate disclosure which can potentially be a reasonable ground on which to advise silence.
- Case: Failure by the police to disclose the basic details could amount to non-disclosure or inadequate disclosure which can potentially be a reasonable ground on which to advise silence.
- R v Roble
- What should you do with the information disclosed for the purpose of an evidential assessment?
- Assess the evidence in light of the elements of the offence under investigation.
- R v Argent
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What is meant by 'circumstances at the time' should not be interpreted restrictively. The just can consider:
(1) Age
(2) Experience
(3) Mental capacity
(4) State of health
(5) Sobriety
(6) Tiredness - When will it be appropriate to advise your client to remain silent?
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(1) The police do not have sufficient evidence to prove
(2) Inadequate disclosure
(3) Conditions and circumstances of the suspect warrants it. - R v Hoare
- A defendant cannot use reliance on legal advice to avoid an adverse inference being drawn. The reason for relying on that legal advice must be genuine.
- A defendant cannot use reliance on legal advice to avoid an adverse inference being drawn. The reason for relying on that legal advice must be genuine.
- R v Hoare
- Case: There must be soundly based objective reasons for silence, e.g. Argent factors, lack of disclosure and lack of evidence.
- R v Howell
- R v Howell
- Case: There must be soundly based objective reasons for silence, e.g. Argent factors, lack of disclosure and lack of evidence.