Identify the strengths and weaknesses of the prosecution evidence and explain all of Paul’s options in police interview taking into account the advantages and disadvantage of each option for him, and what your overall advice to him would be.
Criminal law SECTION A
You speak to Paul in a private consultation and he tells you that he can’t remember much but what he can remember is Rob Stanforth jumping out at him from nowhere and pulling a knife on him; they had a fight and he thinks that Rob must have fallen on his own knife. All he wanted to do was get away and so he ran off – he didn’t realise Rob was injured otherwise he would have called for an ambulance himself. He thinks the blood might be Rob’s; he just didn’t notice it in his panic to get away. He tells you he has a full-time job as a plumber with a local firm and has worked there for 3 years. He lives on his own but his family live nearby. He has a three- year-old daughter from a previous relationship who lives with her mother, also nearby. He has been in trouble in the past but managed to turn his life around and has a stable relationship with his girlfriend Tessa Ullswater; they are due to be married next year. In relation to his previous for failing to surrender he tells you that this was a genuine mistake and he got the date wrong.
Answer EITHER question 1 or question 2
Identify the strengths and weaknesses of the prosecution evidence and explain all of Paul’s options in police interview taking into account the advantages and disadvantage of each option for him, and what your overall advice to him would be.
OR
Despite any advice you give to Paul he is charged under s.18, Offences Against the Person Act 1861. He is remanded in custody pending his first appearance at the magistrates’ court. The prosecution plan to apply to have Paul remanded in custody at his bail hearing. Explain what their likely arguments might be, and how you would counter their arguments, including any conditions that could be offered in order to best secure release on bail.
