Question: ENGLISH LEGAL SYSTEM
ASSIGNMENT 1
Role
You are employed as a trainee solicitor with Singh & Co who specialise in criminal
work and also civil work.
Scenario 1
David has been arrested by two police officers, Smith and Jones, as he was running
out of a house belonging to Mrs Kitchener, a rich old lady. He had just burgled the
house. (The crime of burglary is an arrestable offence.) When they arrested him,
the officers told him that he had no right to remain silent.
..........
Referring to the Police and Criminal Evidence Act 1984 in your answer, prepare a
report advising David on all the points below:
a. were the officers right to arrest him without a warrant ?
b. does David have a right to remain silent ?
c. what might happen in his trial if he did remain silent ?
d. was the custody officer right not to allow David to make a phone call ?
e. was the custody officer right to refuse to allow David to see a
solicitor ?
f. was Sergeant Bruce right not to tape record the interview with David ?
g. were the officers right to search Mrs Kitchener's house without a
warrant ?
h. in which court might David's trial be held ? Describe the appeal route open
to David if he is unhappy with the outcome of the trial.
Answer: TASK 1 Introduction: Below I have compiled a report outlining my findings that will assist David on his current circumstance referring to the Police and Criminal Evidence Act 1984. Findings: Police and Criminal Evidence Act 1984: Arrest: Arrest is where people can be detained against their will. If the arrest is carried out according to the law then it is lawful. Person can be arrested with or without a warrant. The magistrates’ issue a warrant of arrest. The police apply in writing and backing up the application with an oral statement. When an arrest warrant has been issued the police may enter and search premises to make the arrest. Police officers can arrest without a warrant when they have reasonable suspicion a suspect has committed or is committing, or is about to com......(short extract)
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Details: - Mark: 78% | Course: English Legal System | Year: 1st | Words: 1983 | References: Yes | Date written: February, 2008 | Date submitted: April 18, 2009 | Coursework ID: 479
