Attached is how to handle it.
Michelle_Michy
ANSWERINGQUESTIONS.pptxSOME TIPS ON ANSWERING QUESTIONS
PROFESSOR JOHN HATCHARD
ADE IS CHARGED WITH MURDER. ADE CLAIMS HE WAS SUBJECTED TO THREATS BY THE INTERVIEWING POLICE OFFICER AS A RESULT OF WHICH HE MADE A STATEMENT ADMITTING TO THE KILLING. THE POLICE DENY ANY IMPROPRIETY TOOK PLACE.
THE PROSECUTION SEEKS TO ADMIT THE STATEMENT AT ADE’S TRIAL
WHAT IS THE QUESTION ABOUT?
ADMISSIBILITY OF ADE’S STATEMENT
WHAT IS THE KEY ISSUE/S
IT IS AN OUT OF COURT STATEMENT
WHAT IS THE PURPOSE FOR SEEKING TO ADMIT THE STATEMENT? TRUTH?
IF SO, IT IS INADMISSIBLE HEARSAY: UNLESS THERE IS AN EXCEPTION TO THE RULE
IS IT A CONFESSION? Section 82(1) PACE
IF YES: IT ADMISSIBLE AS AN EXCEPTION TO THE HEARSAY RULE: Section 76(1) PACE
BUT: POWER OF COURT TO EXCLUDE …..
CONSIDER THE ADMISSIBILITY OF THE EVIDENCE:
DON IS APPROACHED BY A POLICE OFFICER WHO TELLS HIM (FALSELY) THAT HE WISHES TO QUESTION HIM ABOUT A MINOR MOTORING OFFENCE. HE IS THEN TRICKED INTO BELIEVING THAT HE IS REQUIRED TO PROVIDE A SAMPLE OF HIS HAIR. THIS PROVIDES DNA EVIDENCE LINKING HIM TO A SERIOUS ROBBERY MANY YEARS AGO. HE IS LATER CHARGED WITH ROBBERY AND THE PROSECUTION WISHES TO ADDUCE THE DNA EVIDENCE.
WHAT IS THE QUESTION ABOUT?
ADMISSIBILITY OF THE DNA EVIDENCE
WHAT IS THE KEY ISSUE/S
EVIDENCE OBTAINED BY A POLICE TRICK
POWER OF THE TRIAL JUDGE TO EXCLUDE THE EVIDENCE
GO THROUGH SECTION 78 PACE …
COMMON LAW POWER…
CASES? ….
WHAT IS THE QUESTION ABOUT?
ADMISSIBILITY OF THE ID EVIDENCE
WHAT IS THE KEY ISSUE/S
A CONVICTION BASED ON ID ALONE IS PERMISSIBLE
THE CRUCIAL ISSUE IS THE QUALITY OF THE ID EVIDENCE
THE TRIAL JUDGE MUST EXAMINE THE QUALITY OF THE ID EVIDENCE AT THE END OF THE P CASE
MUST STOP THE CASE IF UNRELIABLE …
OR MAY GIVE A TURNBULL DIRECTION TO THE JURY….
JUDICIAL STUDIES BOARD CROWN COURT HANDBOOK
