Monday 16 February 2009

Adv Crim - Statutes to remember

PACE
S18 – Police Power to search premises of a person arrested for an indictable offence.
S24 – Constable may arrest without warrant anyone he reasonably suspects about to commit an offence/ is in the act of committing an offence or has committed an offence.
S30 – Suspect to be taken to the police station as soon as practicable, any delay to be recorded on the custody record.
S32 – Police Power to enter & search premises where suspect was at time of arrest.
S37 – Detention authorised by custody officer.
S56 – Suspect has right to have someone informed of their arrest.
S58 – Suspect entitled to legal advice.
S76 – Challenging admissibility o a confession
I. Confession fabricated or mistaken.
II. Confessed but made for other reasons than guilt.
S78 – Fairness of admitting confession evidence. Exclusion of unfair evidence.
S82 – Defines a confession.


CJA
Part 11 - Adducing evidence of Def bad character.
S98 - Defines bad character
S101 - Admissibility of a defendants bad character & Gateways.
S114 - Admissibility of hearsay evidence.
S116 - Admissibility of hearsay evidence of unavailable witness.
S117 - Admissibility of hearsay evidence of Business documents.
S121 - Safety valve: multiple hearsay evidence.


CJPOA
S34 - Effect of accused remaining silent when Q (adverse Inference).
S35 - The D as a witness chooses not to give evidence or remains silent, maybe make it possible for courts to draw adverse inference.
S36 - Adverse Inference failing to account for objects found on person.