LAW Essay Example | Topics and Well Written Essays - 1500 words

LAW - Essay ExampleSince the incident took place at a public event and there argon a number of center of attention witnesses out of whom there are two adults the statements can be corroborated to see if they match in case of any doubts regarding the childrens eye witness accounts of the occurring( voice 4(7)(g) legislation for confidential information Prosecutors). Furthermore post emergency doctors reports can be used as supporting evidence to ascertain section 4(7)(k) Code for cover Prosecutors. The evidence has been pull together in the normal course of investigation therefore it is safe to presume its admissibility get out not be an issue also (section 4(7)(a) Code for Crown Prosecutors). Though section 4(11) of the Code may seem to be satisfied where sufficiency of evidence is concerned but it remains to be considered whether public interest will be served in prosecuting Mr. Eric assessing the balance scale between factors tending in favor (section 4(16) Code for Crown Pro secutors) and against(section 4(17) Code for Crown Prosecutors) a prosecution. ... Though an out of court garbage disposal may be considered if section 4(16)(b) of the Code can be satisfied and that it can be ascertained that Erics offence was credibly a one off incident induced by his intoxicated state (section 4(16)(e)) and that Fred is accepting or unaffected by the decision not to prosecute. As Fred has suffered serious jaw injury which is likely to enquire a minor or intrusive surgery causing him physical and mental distress (section 4(16)(g) Code for Crown Prosecutors) is of importance whether Erics monetary compensation if any satisfies Freds sense of due judge (section 4(16)(i) Code for Crown Prosecutors). As only in exceptional circumstances an out of court disposal by way of a simple caution is offered for indictable offences (section 7(5) Code for Crown Prosecutors) and a qualified caution may only be considered if after accounting for the victims and communitys inte rest it would serve no purpose to prosecute (section 7(2) Code for Crown Prosecutors). Based on the facts provided Erics state of intoxication at a childrens sporting event makes the presumption of an assessment in his favor extremely unlikely, thus balancing the arguments and counter-arguments the decision to prosecute is the plausible outcome (section 7(8) Code for Crown Prosecutors). 2. The issue in respect of this question requires an analysis on the arrest and its lawfulness in respect of PACE 1984. Since Martin was merely a store detective section 24A Police and Criminal consequence accomplishment 1984 , which is relevant to the facts at hand, will be discussed. Section 24A Police and Criminal Evidence Act 1984 provides for