(Word Count – 4200 words. State relevant statutes, Lexis/Nexis PSL and Practical Law. It must incorporate academic law journal articles and include at least 20 case laws (preferably supplementing those from the 21st century); use OSCOLA referencing, and based on UK Law).
Background
Brian has been initially charged with handling stolen goods. He has several previous convictions for theft and one conviction of robbery. Prior to his arrest, he had been approached by a man in a pub asking if Brian knew of any ‘cheap car radios’ for sale. Brian agreed to meet the man at the same time the following week. Brian obtained a car radio from a friend, Paul. He did not know where the radio came from.
The following week, he met the man and they agreed a price. Brian accepted cash from the man who then revealed he was a police officer. He was then placed in the police car and, during the journey to the police station, told the police officer that he had only needed the money because he had previously had a violent row with Cameron, his girlfriend, and wished to use the money to buy her a present.
At the station, Brian was cautioned and charged. On interview at the police station, Brian requested a solicitor to be present but this request was denied. The interviewing officer told Brian that his friend Paul had provided a statement confirming Brian knew the radio to be stolen. At this point, Brian decided he may as well confess and ‘have it over with’. Paul had not, in fact, given the police any information.
Assignment Question
Advise Brian as to:
Question 1 – The possibility of evidence being excluded because it was obtained by a ‘trick’. You must also consider any evidence illegally obtained. Provide an in-depth view, explain the reasons, and make specific reference to them. (1050 words)
Question 2 – The law governing the admissibility of the confession. What can amount to admissible/inadmissible evidence derived from confession? Provide an in-depth view, explain the reasons, and make specific reference to them. (1050 words)
Question 3 – The procedure for determining admissibility at trial. How procedural aspects relating to voir dire relate to the scenario. Provide an in-depth view, explain the reasons, and make specific reference to them. (1050 words)
Question 4 – What difference would it make if Paul was 15 years old and Brian was of low intelligence? The evidential issues of vulnerable suspects and witnesses must be considered. Provide an in-depth view, explain the reasons, and make specific reference to them. (850 words)
Question 5 – Please include an Introduction (100 words) and a Conclusion (100 words).
Hints:
For Q1 to Q4, the evidential issues of vulnerable suspects and witnesses must be considered.
For Q4, see s80(3) PACE, s53(1) Youth Justice and Criminal Evidence Act 1999 (YJCEA). The test for competence is laid down under section 53(3) and relates to the fact that a person is unable to understand any questions put to them as a witness or give any answers which can be clearly comprehensible.
Problem-Based Assignment Questions
The above problem-based exercise /question requires critical analysis. Then, provide a concise and comprehensive answer based on the IRAC rule.
1. Identify – Identify the issues
2. Rule – Explain the relevant rule/law — statute/case law
3. Apply – Apply the law that you discussed above to the facts/ problem presented
4. Conclude – Offer a reasoned conclusion
5. Referencing – OSCOLA Reference
