Episode 2 - The Offence, the Interview, the Charge
(00:56:29)
Offence analysis, joint enterprise, police interviews of suspects and police charging decisions. Our journey to trial continues.
What does the offence of wounding with intent really mean in law, and how do lawyers analyse the actus reus (guilty act) and the mens rea (guilty mind) of an offence? How are the prosecution able to rely on a law that came into existence over 150 years ago? You may be surprised!
What is meant by Joint Enterprise? How do the prosecution seek to impose blame on suspects who were not those who actually committed the ultimate act of violence, whether it be a shooting, stabbing or an attack with a bottle used as a weapon? Find out the answer here.
And what approach will Aidan, Bianca and Conor take in the Police interview after having the benefit of legal advice? Will they answer questions or choose to make ‘no comment’?
After that, will they be charged and, if not, can they still be held by the Police? Or must they be released either on bail (with or without conditions) or ‘under investigation’?
How do the prosecution go about deciding whether a suspect should be charged? We look at the two-stage ‘Full Code’ test and also how threshold charging decisions are made in urgent cases.
Finally, will Aidan, Bianca and Cnor be charged and, if so, what charge will they face? The final decision might surprise you.
I very much hope that you enjoy this epsode.
Throughout this podcast I have referred to legislation, cases and relevant guidance. Please refer to the links in the notes below to access this information yourself.
For additional detailed reading on many aspects of what is covered throughout this series of podcasts, please go to Defence-Barrister.co.uk https://www.defence-barrister.co.uk/
PODCAST NOTES
Below are links to the legal cases, statutes and guidance referred in to the Defence Barrister Podcast, episode 2 - The offence, the Interview, the Charge
Section 18 Offences Against the Person Act 1861 https://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/18/enacted
Section 34 Police and Criminal Evidence Act 1984 (PACE) - Release from police custody https://www.legislation.gov.uk/ukpga/1984/60/section/34
Section 50A PACE - Pre-conditions of bail https://www.legislation.gov.uk/ukpga/1984/60/section/50A
Jogee [2016] UKSC 8, [2017] AC 387 (Joint Enterprise) https://www.supremecourt.uk/cases/docs/uksc-2015-0015-judgment.pdf
Noble [2016] EWCA Crim 2219 (Joint Enterprise) (not publicly available)
CPS Code for Crown Prosecutors - Charging decisions https://www.cps.gov.uk/publication/code-crown-prosecutors
Director’s Guidance on Charging - additional guidance to the Code for Crown Prosecutors
National Police Chiefs’ Council (NPCC) Operational Guidance for Pre-Charge Bail and Released under Investigation Jan 2019 (pre-charge release on bail and under investigation) https://news.npcc.police.uk/resources/b5qdn-ysb22-ac3ws-6t5b6-lomyp
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PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.
Thank you for your understanding.
Music and content created and recorded by Chris Kessling © 2024. All rights reserved
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.