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Law of Evidence

S/L/24. Discuss the evidential issues within this scenario

WORDS:

3500

DATE:

2004

PRICE:

39.99 GBP

This essay examines the area of confessions, the right to a solicitor and improperly obtained evidence. It is written from the Northern Irish perspective, looking primarily at the PACE (NI) Order 1989. The essay analyses the following case. A week after the report of a theft of four televisions by a local shopkeeper, police acting on information received, called to Simons house to question him about the theft. On seeing Simon at the house, in an intoxicated state DC Taggart asks him if he has any televisions for sale to which Simon replies ?Ive sold the TVs I had but speak to Alan he still hasnt sold his two televisions?. Simon is arrested and taken to the police station. At the police station, Simons request for a solicitor is refused on the grounds that acceding to the request would lead to his accomplice being alerted. Simon is then questioned for nine hours without a break, at the end of this time he admits that he and Alan were involved in the robbery, Simon is charged. When the police visit Alans house they find that there is no one at home and they decide to climb in through an open window whereupon they discover two televisions sitting on the kitchen table. Later that day Alan is also arrested and interviewed by DC Taggart in the presence of his solicitor but he refuses to say anything in the interview. At trial Alan gives evidence that the televisions had been bought in good faith at knockdown prices, from a car boot sale, three days before the police had arrived at the house. He hopes to call his wife to verify the story, but they have been on bad terms since Alan was arrested and she does not wish to give evidence. Discuss the evidential issues within this scenario.

KEYWORDS: l, discuss, evidential, issues, scenario,