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Evidence problem question coursework
MLP331 - Corporate Law
3 Found helpful • 10 Pages • Essays / Projects • Year: Pre-2021 • Previously uploaded under: MLL331 - Corporate Law
Advise as to the evidential issues arising in this scenario. Mike and Bob were arrested for burglary on the 14th of January 2012: the burglary took place on the 12th of January at 8pm. On arrival at the local police station Mike, having been cautioned, was interviewed by DC Mills and a colleague. Mike’s request for a solicitor is rejected as the investigation is still on-going against several individuals (related to Mike), and there is a danger that in allowing Mike to speak with a legal representative these individuals may inadvertently be warned by the legal representative of the police investigation. The interview with Mike lasts for one hour, with Mike refusing to answer questions. Mike is interviewed for a second time three hours later when he asks DC Mills whether he will let him go, if he provides information on others who are stealing on a larger scale. DC Mills replies ‘no’. Mike makes the suggestion a second time and again DC Mills clearly states that the charge will not be dropped on the basis of information provided but does suggest that his help in the investigation will be taken into account by the court in considering his sentence. Jack then makes a statement, with no solicitor present, admitting his involvement in the burglary and providing information on others. Bob was interviewed by DC Lamb and a colleague. Bob was allowed access to legal advice and on the basis of legal advice he refused to answer any questions at the interview. At trial Bob wishes to give evidence on his own behalf and states he was not involved in the burglary: he claims that when the burglary took place he was visiting a friend, Jill, at her home. Jill lives 10 miles away from the place of the burglary. Bob states he did not provide information on his whereabouts at interview as his wife would not have been pleased he had visited Jill. Jill confirms that Bob did visit her on the 12th of January but states that he left by 7.30pm: Jill is precise about the time as she asked Bob to leave as she needed to visit her mother in hospital.
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