EVIDENTIAL CONSIDERATIONS AT BOTH THE POLICE STATION AND COURT

 


HELLO AND WELCOME TO YOU ALL – THE MONTHLY 1-HOUR ZOOM PRESENTATIONS IN 2020 AND 2021 HAVE PROVEN SO POPULAR THAT WE ARE GOING TO EXPERIMENT IN 2022 AND WILL PROVIDE 2 PRESENTATIONS PER MONTH


The first of this month’s 2 presentations will be on Monday, 14th March and will consider criminal evidence issues when advising at the investigation stage pre-charge (Police Stations) and post charge in a Magistrates’ Court case or a Crown Court case
Are you completely up-to-date with the pronouncements in the Court of Appeal and the High Court on the following issues?

 

•    Possession of encrypted phones
•    DNA evidence found on items easily transferable from place to place
•    Text messages
•    Attacking the character of the deceased at the Police Station stage or at Court
•    Communicating with people on their unlawfully held mobile phone in prison
•    Body cam footage and 999 calls

 

THE CASE-LAW IN THIS PRESENTATION WAS HANDED DOWN IN 2021 AND 2022 APART FROM THE IMPORTANT 2020 DECISION IN SMITH

Clients have an expectation that you already know everything that will be said during this presentation but it does no harm occasionally to bring yourself fully up-to-date with criminal evidence. Have a glance at the 20 issues under consideration and see whether or not there are any gaps in your knowledge that just might benefit………….


The following 20 issues will be considered:


1 – Advising on DNA evidence at the Police Station stage and also at Court when advising on the plea – the very interesting 2022 Court of Appeal decision of Regina v Belhaj-Farhat [2022] EWCA Crim 115 – an absolute must read for anyone going anyway near a Police Station!! 


2 – Communicating with someone in prison on their illegally held mobile phone – get your advice right at the Police Station stage – Scott and the DPP [2022] EWHC 91 (Admin)


3 – The mere possession of an Encrochat-encrypted telephone – What the Court of Appeal say about such possession – R v Sharpes [2021] EWCA Crim 1901


4 – Schedule 4 of the Modern Slavery Act 2015 – be aware at the Police Station stage and when advising upon plea of the crimes for which the defence under Section 45 of the Act is not available! – Regina v Gazi [2021] EWCA Crim 1420 – the Schedule will be in the notes


5 – Reprehensible Behaviour, falling within Section 98 (a) of the Criminal Justice Act 2003 – AAM and Regina [2021] EWCA Crim 1720


6 – The police offering a caution and then deciding to charge – evidential considerations concerning the admissions in interview – Mansfield and the DPP [2021] EWHC 2938 (Admin)


7 – Evidential issues concerning consensual but under-age sexual activity – R v Whitbread [2021] EWCA Crim 1413 – the defence which may be advanced at the Police Station interview stage or, upon advice, at Court


8 – The consequences of attacking the character of the deceased in the proceedings – Regina v Colecozy–Rogers [2021] EWCA Crim 111


9 – Advising on the evidential significance of text messages at the Police Station stage and also at Court – R v Bedward [2021] EWCA Crim 721


10 – When is a ‘dwelling’ not a ‘dwelling’? – Evidential factors pointing to it being a ‘dwelling’ and pointing away from it being a ‘dwelling’ – Chipunza and Regina [2021] EWCA Crim 597


11 – 25 things you really do need to know about the Criminal Procedure Rules and the Criminal Practice Directions in 2022 – The Criminal Procedure Rules are not decorative! – The Court of Appeal in R v Smith [2020] EWCA Crim 777


12 – The defendant refreshing his memory from his proof of evidence, whilst giving live oral testimony in the witness box – Section 139 of the Criminal Justice Act 2003


13 – Hearsay considerations at both the Police Station stage and at Court


14 – Bad Character considerations at both the Police Station stage and at Court


15 – Seeking to avoid the adverse inferences at trial as a result of the ‘no comment’ interviews at the Police Station


16 – Body cam footage and the 999 call at the Police Station stage and at Court


17 – The evidential value of that which others are saying in their interviews against your client at the Police Station stage


18 – Thinking laterally when dealing with Section 114 (1) (d) of the Criminal Justice Act 2003


19 – Notification by the defence to the prosecution of defence witnesses they propose to call at trial – the time periods and consequences for non-compliance


20 – The triggers for IDPC/Evidence/Disclosure (unused material)