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

LAW - Essay Example Since the incident took place at a public event and there are a number of eye 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 children’s eye witness accounts of the occurring(section 4(7)(g) Code for Crown Prosecutors). Furthermore post emergency doctor’s reports can be used as supporting evidence to ascertain section 4(7)(k) Code for Crown Prosecutors. The evidence has been gathered in the normal course of investigation therefore it is safe to presume its admissibility will 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 Prosecutors) and against(section 4(17) Code for Crown Prosecuto rs) a prosecution. ... Though an out of court disposal may be considered if section 4(16)(b) of the Code can be satisfied and that it can be ascertained that Eric’s offence was likely 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 require a minor or intrusive surgery causing him physical and mental distress (section 4(16)(g) Code for Crown Prosecutors) is of importance whether Eric’s monetary compensation if any satisfies Fred’s sense of due justice (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 conditional caution may only be considered if after accounting for the victim’s and community’s interest it would serve no purpose to prosecute (section 7( 2) Code for Crown Prosecutors). Based on the facts provided Eric’s state of intoxication at a children’s 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 it’s lawfulness in respect of PACE 1984. Since Martin was merely a store detective section 24A Police and Criminal Evidence Act 1984 , which is relevant to the facts at hand, will be discussed. Section 24A Police and Criminal Evidence Act 1984 provides for