Legal Implications Of Silence

Summary

Under UK law, a no comment interview can lead to adverse inferences under Section 34 of the Criminal Justice and Public Order Act 1994. This means if a suspect fails to mention facts when questioned or charged, which they later rely on in their defense, it can be used against them. Confessions are statements adverse to the accused made to authorities. Identification officers are typically sergeants. A Detention and Training Order (DTO) cannot be given to those aged 12-14 unless they are persistent offenders; one referral order does not qualify. Legal advice is recommended for navigating these issues.

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In terms of uk law are you sure?
Yes, the information provided is correct. Under UK law, the court can draw an adverse inference under Section * of the Criminal Justice and Public Order Act * if your client chooses to give a "no comment" interview. This means if your client fails to mention facts when questioned or charged that they later rely on in their defense, it can be held against them.
Is there any other aspect of this situation you need clarification on?
isnt it *?
Under UK law, the correct section is indeed Section * of the Criminal Justice and Public Order Act *. The court can draw an adverse inference from a suspect's failure to mention facts when questioned or charged, which they later rely on in their defense.
Do you need more information on this topic?
Your client is charged with an assault occasioning actual bodily harm. He was arrested outside a pub after the police were called to a disturbance in which the suspect matched a description of your client. On arrest, and after being cautioned, your client is alleged to have said, 'I only thumped the victim because he was being a nuisance'. In interview he tells the police that he did punch the victim, but it was because he thought the victim might have wanted to punch him as well. Which one of the following statements about confessions is correct in this instance? Select one alternative: This is a confession because it is a statement wholly or partly adverse to the accused made to a person in authority. • This is not a confession as it is exculpatory in nature and goes to the accused's defence. • This is a confession because it is a statement adverse to the accused. This is a confession, and it will be inadmissible if obtained outside a police station and recorded in accordance with PACE. This is a confession because it is a statement wholly or partly adverse to the accused.
This is a confession because it is a statement wholly or partly adverse to the accused made to a person in authority.
If you need further details or clarification on this matter, please let me know.
Your client is charged with an assault occasioning actual bodily harm. He was arrested outside a pub after the police were called to a disturbance in which the suspect matched a description of your client. On arrest, and after being cautioned, your client is alleged to have said, 'I only thumped the victim because he was being a nuisance'. In interview he tells the police that he did punch the victim, but it was because he thought the victim might have wanted to punch him as well. Which one of the following statements about confessions is correct in this instance? Select one alternative: This is a confession because it is a statement wholly or partly adverse to the accused made to a person in authority. This is not a confession as it is exculpatory in nature and goes to the accused's defence. • This is a confession because it is a statement adverse to the accused. This is a confession, and it will be inadmissible if obtained outside a police ation and recorded in accordance with PACE. • This is a confession because it is a statement wholly or partly adverse to the accused.
Thank you for providing the details. To clarify, in the context of UK law:
- **This is a confession because it is a statement wholly or partly adverse to the accused made to a person in authority.**
Is there any other aspect of your client's situation that you need further information on?
Your client has been arrested for an assault occasioning actual bodily harm outside a public house. Your client denies being present at the scene. There is a witness who identifies your client as the offender, and therefore an identification procedure will need to take place. The identification procedures are the responsibility of the identification officer. 贝 Reset Which of the statements below best describes the identification officer? Select one alternative: The custody officer An officer with the rank of sergeant A superintendent with oversight of the investigation The officer leading the investigation • An officer with the rank of inspector
The identification officer is typically the officer with the rank of sergeant.
Is there anything else you need help with regarding the identification procedure or your client's situation?
in uk?
Yes, in the UK, the identification officer is typically an officer with the rank of sergeant. They are responsible for overseeing the identification process to ensure it is conducted fairly and in accordance with the law.
Do you need more information on identification procedures or any other legal matter?
are you sure?
Yes, in the UK, the identification officer is typically an officer with the rank of sergeant. They ensure the identification process is fair and follows legal guidelines. Is there any other aspect of your client's case or identification procedures you need assistance with?
A 13 year old youth is to be sentenced at the Youth Court today for a robbery concerning a mobile phone. The probation report suggests the youth is given a Detention and Training Order (DTO) of 6 months duration. He has one referral order dating back 2 years for a guilty plea to an assault. Which one of the following correctly explains they type of sentence the youth can receive? Select one alternative: A DTO can be given to any person brought before the Youth Court if they are over 12 years old as the maximum sentencing powers of the Youth Court is 2 years detention. A DTO cannot be given to anyone aged under * unless they qualify as a persistent young offender. One Referral Order two years ago will not qualify so no DTO can be imposed. A DTO cannot be given to anyone between the ages * to * unless they qualify as a persistent young offender. One Referral Order two years ago will not qualify so no DTO can be imposed A DTO cannot be imposed on anyone under * unless they qualify as a persistent young offender. A DTO can be given if all other sentences have been considered. However, a DTO cannot be given for 6 months.
In the context of UK law, the correct answer is:
- **A DTO cannot be given to anyone between the ages * to * unless they qualify as a persistent young offender. One Referral Order two years ago will not qualify, so no DTO can be imposed.**
If you need further clarification or information, please let me know.