Evidence

Question 0

What are the 5 key details when noting a suspect description from a witness?

Answer 0

Time (how long did they see them)
Distance (how far away)
Light (good visibility? Night time?)
Previously seen (do they remember seeing them for a specific reason)
Observation (was it a direct view? Discrepancies)

Question 1

When speaking to a witness what details should you note about the suspect?

Answer 1

Height, build, race, age
Start at the top and work down
Description of any distinguishing marks
Any items in the suspects possession eg bag, weapon

Question 2

What are the 4 elements of identification from a witness album?

Answer 2

12 pictures
Other pics are similar in age and appearance
No marks identifying the suspect
Witness left to make selection without help or opportunity to consult others.

Question 3

What are the rights of a suspect in relation to an ID parade?

Answer 3

Detained - they may refuse

Arrested - compelled although the use of force may make them to obvious and so ‘unfair’

Question 4

Who can ask for an identification parade?

Answer 4

PF
Officer in charge of the case
Senior officer
Suspect (defence)

Question 5

What is the composition of an ID parade?

Answer 5

For ONE suspect minimum is SIX maximum NINE

For TWO suspects minimum is SEVEN maximum is TEN

Question 6

What is an informal identification?

Answer 6

Where a witness is taken to a place where the suspect is known to frequent. The witness must arrive before the suspect. They may then attend a formal Id parade.

Question 7

What changes could be made for a child witness or vulnerable person?

Answer 7

VIPER - video identification parade electronic recording

Removes the physical aspect.

Question 8

Can a single finger print be used to convict an accused person?

Answer 8

Yes. Its admissible.

Question 9

Scientific facts about finger prints.

Answer 9

Ridge skin is formed in the EMBRYO

The arrangement of the ridges remain constant (except after scarring or injury)

Even small areas are unique.

Question 10

Info about fingerprints and the suspect.

Answer 10

Finger prints must be taken after they are arrested or detained.
Using previous fingerprints would reveal to the court that they had previous convictions.

Same applies to DNA

Question 11

What is the difference between common law and statute law?

Answer 11

Common law is the law of the land (crime)

Statute is acts of government (offence)

Question 12

What are examples of contact evidence at a crime scene?

Answer 12

Fingerprints
DNA
Shoe impressions
Hairs and fibers
Paint and glass (from a car window on clothing of a suspect)

Question 13

What is the initial action at a crime scene?

A.P.C

Answer 13

Assess

Protect

Communicate

Question 14

Evidence definition

Answer 14

Includes all legal names (exclusive of mere argument) which tends to prove or disprove the truth of the subject before the court.

Question 15

What is the onus of proof?

Answer 15

A court must prove beyond all reasonable doubt to find a person guilty.

The defence only need to introduce reasonable doubt, rather than prove beyond reasonable doubt.

Question 16

What does scots law state in relation to evidence to prove a case?

Answer 16

Sufficient
Admissable
Evidence to prove
Beyond all reasonable doubt
That the accused committed the crime.

Question 17

Hearsay definition

Answer 17

Is evidence at second hand given by a person merely repeating something said by another person.

Question 18

When is hearsay evidence admissable?

Answer 18

Statements by the accused after caution

Involuntary exclamation at a scene ‘hes got a knife’

Statement by a witness on their deathbed.

Question 19

Credible witness definition

Answer 19

Is one whos evidence is held by the court to be trustworthy no matter how bad the character of the witness may be.

Question 20

What is a competent witness?

Answer 20

Someone that the court permits to give evidence.

Question 21

What is a compellable witness?

Answer 21

When a witness is called to court they mist attend.

If they fail to attend a warrant may be issued.

Question 22

What is circumstantial evidence?

Answer 22

That form of evidence afforded by facts or circumstances which have an apparent relation to the crime and from which an inference may be drawn as to the guilt or innocence of the accused.

Question 23

Circumstantial evidence

M.A.G.I.C.O.P

Answer 23

M - motive (greed, revenge, malice)
A - ability (skills and strength)
G - guilty intent (acted with the intention to commit crime)
I - identification (forensic evidence)
C - conduct after crime (evidence they disposed of evidence)
O - opportunity (evidence they were near the locus)
P - preparation (purchased a weapon or tools to commit crime)

Question 24

Production definition

Answer 24

Is any liquide, animal, document, article or other thing which is alleged to have some connection with the crime, offence, or incident under review.

Question 25

What is your power to seize a production?

Answer 25

Its a common law power. Can be applied to statute offences.

Question 26

What is moorov doctrine?

Answer 26

Two or more crimes committed by one offender BUT Only one eyewitness for each. (Indecency)

Question 27

What is the howden principle?

Answer 27

2 or more crimes or offences which are committed by the same offender AND Circumstances of the crimes are so SIMILAR then the accused can be convicted for all. (Must be identified by a witness in one case)

Question 28

Missuse of drugs act power of arrest?

Answer 28

If you believe he will abscond without arrest Ift he name and address are unknown and cannot be asertained

Question 29

Dangerous and careless driving sec 127 power of arrest?

Answer 29

You must see the offence take place AND Driver must fail to provide you with name and address OR produce their license. BOTH MUST BE PRESENT

Question 30

Section 178 taking and driving away power of arrest?

Answer 30

Unconditional Reasonably suspected Having committed, or attempting to commit an offence

Question 31

What are the powers of arrest for common law crimes? s.w.o.r.d

Answer 31

``` S - seen committing W - witness O - offensive to public decency R - running away pursued D - danger to the leiges ```

Question 32

Powers of arrest for minor and statutory offences? | R.a.i.s.e

Answer 32

``` R - refuse to desist A - abode NFA I - interest of public or offender S - satisfaction of name address E - evident intention to abscond ```

Question 33

What can you do with an arrested person? S.p.i.n.f.r.e.d

Answer 33

``` S - search P - photograph I - Id parade N - nail scrapings and non-invasive F - finger print R - restrain and control E - examine for injury D - dental impressions and invasive ```

Question 34

Common law powers of entry? | D.i.s.c

Answer 34

D - disturbance ongoing I - invitation S - serious crime (pursuit) C - cries for help

Question 35

Pleas in bar of trial N.i.t

Answer 35

N - not of age I - insanity T - tholed an assize (already tried for crime)

Question 36

Special defences in court? A.s.i.a

Answer 36

A - alibi S - self defence I - insanity at time of crime A - allegation of other named person

Question 37

What is the solemn procedure process? P.f j.i.p

Answer 37

P - petition warrant F - first appearance J - judicial/further exam I - indiciment P - preliminary hearing

Question 38

What are the elements to prove guilt? C.r.i.e.s

Answer 38

``` C - crime has been committed R - relevant charge I - identification of accused E - evidence is admissible S - sufficient evidence to prove ```

Question 39

What is section 18 of the criminal procedures scotland act 1995?

Answer 39

It gives you the same powers of search and seizure as with an arrest if the person is detained under section 14.

Question 40

Under section 13 what can you require?

Answer 40

Suspect - name, address, dob, place of birth and nationality and can require them to stay with you until this is confirmed Witness - name, address, dob, place of birth, nationality - have no power to make them stay while you check details.

Question 41

Where can you exercise section 13?

Answer 41

The scene of a suspected crime And Any other place that you are entitled to be

Question 42

What power of arrest does section 13 have?

Answer 42

Unconditional.

Question 43

What is a voluntary, detained, or arrested persons rights in regard to a solicitor?

Answer 43

Asked if they wish a solicitor to be informed A private consultation prior to interview

Question 44

Who can be contacted when a person is arrested?

Answer 44

Over 16 Solicitor and one REASONABLY named person (Interest of investigation, prevention of crime, apprehension of offender) Under 16 Solicitor and parent/guardian (May be delayed if parent suspected of being involved, and interest of child welfare)

Question 45

What are examples of a vulnerable prisoner?

Answer 45

Sobriety Medical conditions Suicide risk Drugs dependency

Question 46

What are examples of special risk prisoners?

Answer 46

Escape attempt Violence Mental instability Infectious diseases

Question 47

When a person has been arrested for a crime being dealt with at a summary court what are the options for release?

Answer 47

Liberate after they have signed an undertaking for place and time to attend court Liberate without a written undertaking (SUMMONS) Refuse to liberate and send to court the next lawful day