Criminal Law and Procedure Assignment
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
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