Evidence - Silence, Confession, S78 PACE - Questions (1)

Q1. Dennis and Eric are arrested on suspicion of involvement in a number of serious robberies. Both deny involvement.
(a) They are put in the same cell and their conversation is secretly tape recorded. In due course they begin discussing their lines of defence and indicate that they are going to fabricate an alibi in respect of some of the offences. Is this evidence admissible?
(b) How should the court approach the matter if Dennis contends that he had never previously been involved in any criminal activity, but was lured into participating in one of these robberies by an undercover police officer, without whose involvement he would never have participated?
(c) If Eric indicates that he does not intend to give evidence, what steps ought to be taken by the judge?
(d) The prosecution have a number of items of evidence which may favour Dennis and Eric and include witness statements which tend to imply that Dennis and Eric were not involved and that the offences were carried out by other persons. Explain the circumstances in which these should or must be made available to Dennis and Eric
(e) Dennis and Eric say that they require disclosure of certain details of the police operations against them. The prosecution contend that this information is protected by privilege. How, when, by whom, and on what criteria will this matter be determind?

Answers:
Q1a) Evidence admissible

Q1b) Apply Loosely and Khan

Q1c) Apply s35 CJPOA 1994
- Judicial warning on what will happen if he does not intend to give evidence -> direction of adverse inference

Q1d) Duty of prosecution to reveal unused evidence to defence

Q1e) Public interest immunity