Criminal Law and Procedure Assignment

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  • Topic: Crime, Arraignment, Plea
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  • Published : April 5, 2012
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Criminal Law and Procedure Assignment
Student Name: Louiszen, Yip Hiu Fai
Student ID: 10456052

Supposed you were the lawyer acting for Mr. Scissors Lee:

1) At the Trial of Scissors Lee, the prosecution would like to produce to the court the caution statements of Scissors Lee as evidence of his confession. Can you write out a list of your objections you will raise with the court to the production of the caution statement at the trial?

ANS:

Upon the production of the caution statement of Scissors Lee, I would like to raise some objections in term of its arresting procedure, reliability and voluntariness.

Arresting Procedure: PC34567 should have cautioned Scissors Lee at the football ground According to the Rules and Direction for the Questioning of Suspects and the Taking of Statements issued by the Secretary for Security in 1992, when PC34567 has evidence that Scissors Lee might have committed an offence, he must caution Scissor Lee before putting him into further questions. In the caution statement, DPC13579 first quoted the conversation between Scissors Lee and PC34567 to induce Scissor Lee to have a consensus in the fact described in that conversation, however that conversation record was not obtained under caution and therefore it should not be mentioned in questioning Scissors Lee. Therefore, the caution statement is not obtained in a proper procedure and should be inadmissible.

Arresting Procedure: DPC13579 did not tell Scissors Lee his rights fully under arrest After Scissors Lee was brought to the police station, he was not told by the police that he should have the chance to contact his family or get a lawyer. In that circumstance, Scissors Lee may be put in a situation of helpless and unassisted. Besides, DPC13579 told Scissors Lee that he could only go if he had given him a statement, therefore, there is a reasonable doubt that Scissors Lee may be induced to cooperate to work out the caution statement. If he was told that he may get a lawyer to represent him, he should have stayed silence during the interview of DPC13579.

Reliability: The caution statement is recorded in English
The interview should be conducted in the mother tongue of Scissors Lee, that seems not to be English but Cantonese, upon the conversation between Lee and PC34567 to avoid any ambiguity and misunderstanding. Scissors Lee is only a Form 4 student at a secondary school and do not do well in academic. Therefore, there is a reasonable doubt that Scissors Lee has the proficiency in English that he understood all the statements made by DPC13579 and stated concisely in his speaking about the whole story of the event.

Voluntariness: The length of the time of the interview is too long The duration of the interview is 2 hours. It may be a factor that sapping the free will of Scissors Lee in signing the cautioned statement. When the interview time is lengthened, Scissors Lee was anxious to go home, and there is a reasonable possibility that Scissors Lee just signed the cautioned statement for letting DPC13579 to release him to go home, therefore the cautioned statement may not be made voluntarily and thus should be inadmissible.

Voluntariness: Scissors Lee was in hunger but was rejected to take snack Throughout the interview, Scissors Lee was not given any refreshment. The interview was held at the time of having dinner (2000-2200), as he was quite hungry during the interview, he asked DPC13579 for some snack, however DPC13579 ignored him. In such circumstances, it is reasonable to object that the voluntariness of Scissors Lee to sign the cautioned statement was greatly affected by hunger and ignorance of DPC13579, thus the cautioned statement should be inadmissible.

Voluntariness: Scissors Lee was deceived in signing the cautioned statement DPC13579 showed the cautioned statement to Scissors Lee, and simply asked him to sign on it without explaining the content. Scissors Lee thought the cautioned...
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