The sort of independent person envisaged by this section includes solicitors instructed by the suspect, but expressly excludes police officers and those employed for or engaged on ‘police purposes’ within the meaning of the Police Act 1996 (s 77(3)). Registered Data Controller No: Z1821391. Here’s a six-step approach to use when tackling evidence questions on the MBE. Details: - Mark: 67% | Course: Law of Evidence | Year: 2nd/3rd | Words: 3493 | References: Yes | Date written: April, 2003 | Date submitted: October 20, 2008 | Coursework ID: 151. To answer law essay questions properly, it must follow four rules. Whether a police officer can be said can be said to have caused the commission of the offence, rather than merely providing an opportunity for the accused to commit it with a police officer rather than in secrecy with someone else, will usually be a most important factor, but not necessarily decisive. The need for reasonable suspicion and proper supervision are both stressed in the Undercover Operations Code of Practice issued jointly by all UK police authorities and HM Customs and Excise in response to the Human Rights Act 1998. It will then be for the trial judge having considered the breaches cumulatively whether to allow evidence to be excluded under s.78 PACE. Tight restrictions have been imposed on the conditions under which evidence of a confession may be admitted in a criminal trial. In particular, the prosecution may be required to prove that a confession it wishes to adduce was not obtained in a manner that might cast doubt on its reliability. Details: - Mark: 64% | Course: Law of Evidence | Year: 2nd/3rd | Words: 2164 | References: Yes | Date written: November, 2007 | Date submitted: September 29, 2008 | Coursework ID: 6. Answering Law Essay Questions Rule 1: The Introduction The introduction to your law Details: - Mark: 63% | Course: Law of Evidence | Year: 2nd/3rd | Words: 3420 | References: Yes | Date written: October, 2004 | Date submitted: October 11, 2008 | Coursework ID: 23. Law Express Question and Answer: Evidence Law (Q&A Revision Guide). Question: Assess the Law with respect to the competence and compellability of spouses in criminal proceedings. Rita D’Alton-Harrison is a Senior Lecturer in Law at the University of Hertfordshire and Solicitor (non-practising). guide and support your studies. which should provided in court accurately. PACE code C relates to rules and procedures governing the detention, treatment and questioning of persons by police officers. S 78 PACE 1984 expressly preserves the common law discretion. If you would like to to order a free print sample of the book, please contact our local Higher Education consultant directly. To allow police officers or controlled informers to undertake entrapment activities unsupervised carries great danger, not merely that they will try to improve their performances in court, but of oppression, extortion and corruption. 16th Jul 2019 Details: - Mark: 67% | Course: Law of Evidence | Year: 2nd/3rd | Words: 3036 | References: Yes | Date written: March, 2006 | Date submitted: April 05, 2011 | Coursework ID: 661. In relation to Jessie, there is no indication that anything was said or done by the officers that caused her to make her confession. The site is run by graduates who understand the We only provide work that has been Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of LawTeacher.net. It must have The Introduction, The definitions, the body, and the conclusion. As was indicated in Bailey [1995] 2 Cr App R 262, ‘what is required in summing up in such cases is a full and proper statement of the mentally handicapped defendant’s case against the confession’s being accepted by the jury as true and accurate’. Question: Outline the development of the Law of Evidence with reference to the evidence of spouses. Two part question: 1) How important is the discretion to exclude evidence? These provisions have arguably contributed significantly to regulating the law relating to entrapment. Details: - Mark: 63% | Course: Law of Evidence | Year: 2nd/3rd | Words: 2356 | References: Yes | Date written: November, 2003 | Date submitted: February 20, 2009 | Coursework ID: 420. Test your skills online with the supporting website: Chapter 1: Introductory Concepts, Chapter 2: Competence, Compellability and Special Measures, Chapter 3: Examination of Witnesses at Trial, Chapter 5: Opinion Evidence and Previous Judgments at Trial, Chapter 6: Character Evidence, Chapter 7: Improperly Obtained Evidence and Confessions, Chapter 8: Identification Evidence, Chapter 9: Denials and Silence, Chapter 10: Supporting Evidence and Lies, Chapter 11. VAT Registration No: 842417633. Answer: The introduction of the Human rights act 1998 have in many ways sent shockwaves throughout UK legal institutions, affecting almost every aspect of the law to a certain degree. Rita D'Alton-Harrison is a Lecturer in Law at the Universityof Hertfordshire. Once the issue has been raised, s 76(2) then lays down that a court must exclude a confession if the prosecution fails to prove beyond reasonable doubt that it has not been obtained either (i) by oppression or (ii) as a consequence of things said or done which might render a confession unreliable. The jury must therefore decide whether the prosecution has shown beyond reasonable doubt that Scottie was using his premises to breed and train dangerous dogs and secondly Scottie’s intention to sell or exchange dangerous dogs to people who use these animals in organised fights.
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