Legaleagle Training
EVIDENTIAL CONSIDERATIONS IN BOTH THE POLICE STATION AND THE MAGISTRATES’ COURT IN 2023 – 20 QUESTIONS – WEDNESDAY 29th MARCH 2023 – 16:00 – 17.00: - COST - £75 + VAT
The presentation will concentrate on the trickier evidential issues when advising clients at the police station stage and also upon the entering of a ‘not guilty’ plea in the Magistrates’ Court. This 1-hour ZOOM presentation will consider 20 Questions – 10 arising from the Police Station and 10 arising from Court.
JUST HAVE A READ OF THE 20 QUESTIONS AND SEE IF THIS IS A COURSE FOR YOU
ANYONE BOOKING ONTO THIS COURSE PRICED AT £75 + VAT WILL ALSO RECEIVE THE FOLLOWING FREE OF CHARGE
1 – The 1-HOUR recording and full set of notes in relation to the previous zoom presentation – ‘Evidential Considerations’
2 – The 1-HOUR recording and full set of notes in relation to the previous zoom presentation – ‘The Duty Solicitor in the Magistrates’ Court’
3 – The 1-HOUR recording and full set of notes in relation to the previous zoom presentation – ‘Police Station Advice – The Case-Law’
HAVE A LOOK AT THE 20 QUESTIONS – CAN YOU ANSWER THEM?
This 1-hour ZOOM presentation will be accompanied by a full set of notes.
DON’T WORRY IF YOU CANNOT ATTEND THE ACTUAL PRESENTATION (OR NEVER INTENDED TO ATTEND) –YOU WILL STILL GET THE FULL SET OF NOTES AND THE RECORDINGS WHICH YOU CAN SAVE TO A DEVICE OR WATCH AT YOUR LEISURE ON OUR YouTube CHANNEL
Anyone wishing to attend the session (or wishing to have the full sets of notes and the recordings afterwards without ever attending) should simply click here: mailto: colin@thelegaleagle.org or ring me (or send me a text) – (07887) 842985 and book a place.
The following 20 Questions will be considered:
1 – The police inform you that the co-detainee/suspect has already been interviewed and fully implicated your client in the murder – How you going to approach this with your client?
2 – Your client tells you that he is not in any way involved in the murder and has a cast-iron alibi but instructs you that you are not to give the details of the alibi to the police and nor will he even mention the fact that he has an alibi when he is interviewed – How you going to approach this with your client?
3 – Your client is adamant that he will not consent to be interviewed – The police officer informs you that adverse inferences may be drawn against the client in the event of there being a trial and wonders whether or not you have made your client aware of this fact? – Is the officer right in his legal assertion? – What do the Codes of Practice under PACE say about all of this?
4 – In what circumstances might you find yourself being a witness for the defence team in the forthcoming trial as a result of having attended upon him in the police station?
5 – In what circumstances might you find yourself being a witness in the forthcoming trial as a result of being required by the Judge to attend on an application made by the NEW SOLICITORS representing your client instructed in the case?
6 – Your client merely wants to say at the outset of the interview that he did not rape the complainant – What is the evidential significance of this at trial? – Will it help your client in any way to avoid adverse inferences under Section 34 of the Criminal Justice and Public Order Act 1994?
7 – What is the evidential significance at trial of your client failing or refusing to answer questions under Sections 36 and 37 of the Criminal Justice and Public Order Act 1994? – What is the evidential significance of Section 35 of the Criminal Justice and Public Order Act 1994?
8 – Where are we now on DNA deposited on items easily transferable from place to place following the Court of Appeal decision in Belhaj-Farhat? – Would the position be any different if the DNA had been deposited upon the victim in the case?
9 – The police (in a stabbing case) during the interview are plainly putting their case against your client on the basis of joint-enterprise as he knew that his mate had a knife in his rucksack when he went out with him – What is the legal/evidential test concerning joint-enterprise following the Supreme Court decision of Jogee and Ruddock?
10 – The police in the interview are plainly suggesting that your client acted dishonestly – your client is maintaining that he hadn’t appreciated that he was being dishonest – What is the legal/evidential test concerning dishonesty following the Court of Appeal decision of Barton and Booth?
11 – Your client turns up on the day of trial with some photographs and he wants the Magistrates’ to see them – can he exhibit them? – Advise your client on the law concerning exhibits? – Would the position be any different if the prosecutor turned up with the till roll from Tesco’s and wanted to exhibit that?
12 – Your client turns up on the day of trial with 2 witnesses – This is the first you have known about these 2 witnesses – They were certainly not mentioned when you took the proof of evidence from your client in the office! – Their details have not been given to the CPS in advance of the trial – The District Judge wants to know when you first became aware of the existence of these witnesses? – What are you going to say? – The District Judge indicates that he/she is reluctant to allow them to testify – What are you going to say?
13 – Your client rings you up on the morning of the trial and indicates that he is not going to turn up for his trial but that he wants you to advance his full defence at trial on his behalf – What you going to say to your client? – What are you going to say to the Court if you are asked whether or not you have heard from your client?
14 – Your client speaks to you on the morning of the trial and tells you that his defence is now slightly different to the one advanced on the PET Form which was completed some while back upon his entering of a ‘not guilty’ plea – How are you going to advise the client? – How would you advice differ, if at all, if the client was telling you that he now wishes to advance a defence which is completely different to that one advanced on the PET Form?
15 – Your client wants to plead ‘not guilty’ and have a trial on the offence of drug driving – The defence is that, unbeknown to him, he ate a large amount of cake laced with cannabis and that is why his reading in blood was 3 µg of cannabis per litre of blood – How are you going to advise this client?
16 – No-one in Court appears to be happy with the fact that you have written on the PET Form that you ‘put the prosecution to the proof of its case’ – The District Judge wants to know what the evidential issues are – The matters with which you agree – The matters with which you disagree – What are you going to say?
17 – As a result of your mitigation the Court takes the view that it differs so markedly from the way in which the Crown present the case that it will ‘materially affect the sentence’ – The case is therefore to be adjourned for a Newton hearing – What evidential burdens are there in a Newton hearing? – Your client had a ‘no comment’ interview at the police station stage – Could adverse inferences be drawn against him? – There is an application by the prosecution that Bad Character evidence be heard at this forthcoming Newton hearing – What are you going to say? – Will your client receive any credit for the guilty plea in the event of losing the Newton hearing?
18 – In what circumstances might you agree that the prosecution case in a trial can be read in its entirety? – Could the Court order that statements are read even though you disagree?
19 – The defendant blurts out during the currency of the trial that ‘he is not a dishonest person!’ or that ‘he is not a violent person!’ – The prosecutor asks for the justices’ to retire and tells the legal adviser that it might be appropriate for the defendant to have a word with the Court Duty Solicitor as to the position he now finds himself in – Can you advise this client in your capacity as the Court Duty Solicitor?
20 – The prosecutor tells you that he wants his expert to sit in from the very outset of the trial and to listen to all of the evidence – What you going to say?
It will be a 1- hour live and interactive session conducted via ZOOM. There is absolutely no requirement for any attendee to have purchased ZOOM. We just send you an email with a link the day before the actual presentation and you click on the link. It could not be simpler.
IMPORTANT
PLEASE LET US KNOW THE EMAIL ADDRESS OF THE PERSON TO WHOM WE SHOULD SEND THE INVOICE IF IT IS TO SOMEONE OTHER THAN YOURSELF
Invoices will be sent after the presentation and our normal terms of business apply i.e. PAYMENT WITHIN 14 DAYS – the cost for each person attending or purchasing the recordings is £90 (inclusive of VAT) – if you have attended the presentation there will be no additional charge for a copy of the recordings