Danny Wykes

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  • Created by: Katie
  • Created on: 25-05-20 13:21
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  • Danny Wykes
    • Interrogation
      • No comment interview
        • Adverse inferences s34 CJPOA- alabi not mentioned at interview
          • s34(2a) CJPOA 1994 no adverse inferences if silence as a resut of no legal advice
          • Evidence
            • Bad Character
              • Several convictions- April 2018 most recent and 4 months in prison
            • Turnbull- judge must warn need for caution inc circumstances
              • How long did he see him for, how far away
            • P has legal and evidential burdens- beyond reasonable doubt standard
            • May be s9 statement showing there has been a theft- would not take issue with that
            • CCTV- doesn’t implicate 2nd person so take no issue
      • Right to legal advice s58 PACE
        • Given opportunity?
        • s58(8) PACE if denied
        • And para 6 Code C
        • Free under police station Advice and Assistance scheme
      • Right to silence
    • Sentencing
      • High culpability as sophisticated nature of offence and planning
      • Category 2 harm as high value and no significant additional harm
      • Range  1-3.5 years
      • Starting point of 2 years
    • Funding
      • Passport means- job seakers/ no savings
      • Merit
        • Deprivation of liberty likely
          • Aaron's sentence
          • Sentencing guidelines
        • Bypass if CC
        • Substantial question of law- only if challanging admissibility
        • Expert cross-examination of P witness (ID case under Turnbull)
      • Forms
        • CRM1 Client details form
        • CRM 15 (means test)
    • Evidence
      • Bad Character
        • Several convictions- April 2018 most recent and 4 months in prison
      • Turnbull- judge must warn need for caution inc circumstances
        • How long did he see him for, how far away
      • P has legal and evidential burdens- beyond reasonable doubt standard
      • May be s9 statement showing there has been a theft- would not take issue with that
      • CCTV- doesn’t implicate 2nd person so take no issue
    • Bail
      • Always complied with bail
        • Criminal offence to not comply under s6 BA but if first time, likely to have another opportunity
      • s7 Bail Act if breached- constable can arrest and take court w/in 24 hours
        • More stringent conditions and/or remand
        • If breach, surrender at first available opportunity
          • Reasonable excuse?
      • s4 BA 1976 prima facile right to bail
      • Given bail by police s38 PACE
        • Conditions under s47 PACE and s3A BA
          • Not allowed to see Aaron
      • For bail
        • Strong community ties- always lived there, stable address
    • Disclosure
      • S8 can apply to court after defence statement served if believe P haven’t disclosed
      • S6A CPIA defence statement
        • Nature of defence
        • Matters of fact in issue
        • Why they take issue with each matter
        • Any point of law including admissibility of evidence
          • Turnbull
        • Alibi
          • s6A(2)- name, address and DOB
        • Adverse inferences w/ defence statement s11 CPIA
        • s11 adverse inferences if failure to serve, late, inconsistent etc
      • S6C CPIA need a witness notification
      • S3(1) CPIA initial disclosure then s5 defense statement then s7A prosecution must continually review
        • S3 includes anything that may undermine P case or assist D's case
    • Professional conduct
      • If Donna says false alibi
        • SRA Standards and Regulations 2019 Para 1.4 cannot mislead court
        • Speak to him
          • Withdraw if still wants to pursue it
            • Don’t tell court just say professionallyembarrassed because of client confidentiality Para 6.3
          • If agrees not to submit it can continue

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