What’s the structure for advising at a police station?
- Set out 3 options
- Analyse DEAD factors very thoroughly and apply to the fact pattern under each factor
- Decide which one option is best
- Set out the advantages and disadvantages of the one option by reference to the fact pattern
- Explain and apply any relevant adverse inferences
- Conclude
What’s the structure for admissibility of confession evidence?
- Is there a confession under s. 82 PACE? Does it fit the definition? Apply to facts.
- Confession is admissible under s. 76(1) PACE unless …
- It is excluded under s. 76(2).
- Is there oppression under s. 76(2)(a)? Apply s. 76(8).
- Is it unreliable under s. 76(2)(b) Are there things said or done?
- Is there a causal link? Apply.
- Burden of proof on prosecution – if burden not discharged, court must exclude confession.
- Consider fairness test under s.78 PACE.
- Are there any breaches of PACE/COP e.g. unlawful interview?
- Are the breaches significant and substantial? Case law Walsh – apply.
- Reach conclusion.
What’s the structure for bad character evidence?
• Issue and application of s. 98 CJA 2003.
• Explain and apply - important matter in issue between prosecution and
defence – s. 101(1)(d).
• Explain and apply - propensity to commit offences of the kind with which
he is charged – s. 103(1)(a).
- Explain and apply - offence of the same description – s. 103(4)(a).
- Explain and apply – offence of the same category – s. 103(4)(b).
- Explain and apply the case of Hanson.
- Explain and apply any relevant safeguards under ss. 101 and 103.
- Conclude.
What’s the structure for identification evidence?
- Do the Turnbull guidelines apply on the facts (explain fully)?
- Apply ADVOKATE & conclude as to the overall strength of the identification evidence.
- Explain the options open to the judge and what the judge is likely to do given your assessment of the quality of the evidence.
- Explain the three elements of the Turnbull warning.
What’s the structure for professional conduct?
- Identify the ISSUE that determine whether you can act
- State the relevant mandatory Principles that apply to resolve the issue
- Identify the relevant paragraphs in CCS that must be achieved
- Discuss and apply any or parts of the LSPN to the facts
- Conclude whether you can act and/or what action you would take to ensure that you achieve the relevant outcome and do not breach the relevant Principles identified above.
What’s the structure for police powers?
P: Identify the power
A: What is the legal authority granting the power?
C: What criteria need to be met and are they met on the facts?
E: How should the power be exercised and has it been exercised correctly on the facts?
