CLP FLK Exam| 376 Actual comprehensive Questions and Answers
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Course
Criminal law
Institution
Criminal Law
CLP FLK Exam| 376 Actual comprehensive Questions and Answers
PACE: role of solicitor in the police station -ANSW - To protect and advance the legal rights of their client
Is a person under the influence of drink or drugs a vulnerable client?
CLP FLK Exam| 376 Actual comprehensive Questions
and Answers
PACE: role of solicitor in the police station -ANSW - To protect and advance the legal rights of their
client
Is a person under the influence of drink or drugs a vulnerable client? -ANSW - no
Who is a vulnerable client? -ANSW - Person who, because of mental health condition or disorder, may
have difficulty understanding or communicating effectively about the full implications for them, does not
appear to understand the significance of what they are told, of questions asked or replies, or appears
particularly prone to confusion/unreliable info/acting on suggestions without consciously wishing to do
so/readily agreeing to suggestions without protest or question
What is the role of the appropriate adult? -ANSW - Ensure detained person understands what is
happening and why, support advise & assist detained person, observe whether police acting properly,
assist with communication between detained person and police, ensure detained person understands
their rights
Who can act as an appropriate adult? -ANSW - Parent, guardian, relative, someone experienced in
dealing with such persons
Circumstances where vulnerable person can be interviewed without appropriate adult? -ANSW -
Superintendent or above satisfied interview would not significantly harm persons physical or mental
state & delay would lead to interference w evidence, interference w other persons, serious loss or
damage to property, alerting other suspects, hindering recovery of property
3 options in police interview for client -ANSW - Answer questions, 'no comment', provide written
statement & 'no comment'
Should you advise client to give mixed interview and why? -ANSW - No - transcript will be read in court
whereas 'no comment' throughout will not be read
,How much info should be disclosed before interview and consequences of failure to do so? -ANSW -
Sufficient info that solicitor can understand the nature of any offence & why client is suspected of
committing it. If insufficient info then may be good reason to advise client to remain silent. Courts are
reluctant to draw inferences where disclosure was insufficent.
Consequences of waiting until trial to put forward a defence -ANSW - Adverse inferences, losing
credibility
Can court draw inferences from silence where suspects condition gives lawyer a cause for concern? -
ANSW - No
What if defendant later relies on a fact in defence that was not offered at the time of questioning? -
ANSW - The court can draw an inference from this.
Can an inference be drawn if a suspect is not cautioned? -ANSW - No
Circumstances affecting whether it was reasonable at the time to mention a fact (if later rely on it) -
ANSW - disclosure that has been made by the police, what info the prosecution can demonstrate
suspect knowing, condition & circumstances of the suspect, any legal advice that the suspect received
Can an inference be drawn if suspect fails to account for object, substance or mark found on them at
time of arrest? -ANSW - Yes
What section CJPOA is general inference for failing to mention fact relied on in defence? -ANSW - s34
What section CJPOA is inference for failing to account for a mark, object etc? -ANSW - s36
Can an inference be drawn if suspect fails to account for their presence on arrest at a particular place? -
ANSW - Yes
What section CJPOA is inference for failure to account for presence at place of arrest? -ANSW - s37
,Requirements for 'special warning' before inference can be drawn regarding object, substance or mark or
presence at particular place -ANSW - What offence is being investigated, what fact they are being asked
to account for, this fact may be due to them taking part in commission of offence, court may draw proper
inference if fail or refuse to account for this fact, and a record is being made of an interview and may be
given in evidence at trial
Can a defendant be convicted solely based on an adverse inference? -ANSW - No
Is an adverse inference relevant if there is no trial? -ANSW - No
What can happen to eye-witness if suspect's identity is not known to the police? -ANSW - Eye-witness
may be taken to particular neighbourhood or place to see whether they can identify the person they saw
on a previous occasion, can be shown photographs
When must an identification procedure be held? -ANSW - When offence has been witnessed and eye-
witness: has identified or purported to identify a witness, or is available who expresses ability to identify
suspect, or has a reasonable chance of being able to identify the suspect. Where the suspect disputes
being the person the eye-witness claims to have seen
When does identification procedure not have to be held? -ANSW - If it is not practicable or would serve
no useful purpose in proving or disproving suspect was involved
Identification procedures that may be used if suspect's identity is known to police & they are available?
-ANSW - Video identification, identification parade, group identification (informal group of people)
What minimum rank for identification officer? -ANSW - Inspector
Situations where not necessary to first invite suspect to participate in video identification procedure? -
ANSW - Video identification procedure is not practicable or identification parade is more suitable
When can covert identification procedures be used? -ANSW - As a last resort and only if all other
procedures have been considered and refused
, Formalities for identification procedure? -ANSW - Record shall be made of description of suspect as
first given by eye-witness, copy of record given to suspect or solicitor before identification procedures
carried out, notice given to suspect, suspect invited to participate in video identification procedure
What must be explained in notice to suspect before video identification procedure? -ANSW - Purpose
of the procedure, entitlement to free legal advice, procedures for holding it, inc right to have solicitor or
friend present, that they do not have to consent or co-operate in the procedure, that if they do not
consent/cooperate in procedure their refusal may be given in evidence in any subsequent trial and police
may proceed covertly
How does video identification procedure work? -ANSW - Suspect is filmed, then select lookalikes from
VIPER system and suspect placed amongst at least 8 other individuals. Suspect, solicitor or friend must
be given reasonable opportunity to see complete set of images before shown to eye-witnesses, can state
reasons for reasonable objection to clips
When can suspect's solicitor be present at video identification procedure? -ANSW - On request and
with prior agreement of identification officer
When can suspect's solicitor be present at identification parade? -ANSW - Suspect must be given
reasonable opportunity to have solicitor or friend present
How many people must participate in identification parade? -ANSW - At least 8
Suitable location for group identification procedure? -ANSW - Where other people are passing or
waiting around informally, in groups such that suspect can joint them
Normal procedure for confrontation by eye-witness? -ANSW - Eye-witness must be told that person
they saw on specified earlier occasion may or may not be the person they are to confront and if not then
should say so. Confrontation normally happens in police station.
Remedy for breach of Code D? -ANSW - For defendant to apply to exclude evidence obtained in breach
of code D. Judge then decides whether there has been significant prejudice to the accused.
Who makes charging decisions for indictable-only offences? -ANSW - Crown Prosecutor
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