Evidence - Practice Paper 2

"The privilege against self-incrimination is a fundamental right that should not be qualified, yet modern legislation has significantly eroded this principle." Critically discuss with reference to the right to silence, adverse inferences under the Criminal Justice and Public Order Act 1994, and the relationship with Article 6 ECHR.

Yusuf is charged with conspiracy to supply Class A drugs. During his trial: (a) a co-defendant, Marco, gives evidence blaming Yusuf and seeks to adduce evidence of Yusuf's two previous drug-related convictions; (b) Yusuf wants to testify that he was merely a courier acting under duress, but his solicitor advises him that if he gives evidence, the prosecution may cross-examine him about a previous conviction for perverting the course of justice; (c) the prosecution seeks to admit phone records showing calls between Yusuf and known drug dealers, obtained without a warrant through a data request to the phone company; and (d) an undercover officer testifies about conversations with Yusuf, but Yusuf claims entrapment. Advise on all evidential issues.

Critically assess the law governing the competence of witnesses and the rules on special measures in criminal proceedings. To what extent has the Youth Justice and Criminal Evidence Act 1999 improved the experience of vulnerable witnesses in the criminal justice system?

In a fraud trial, the defendant, Helena, has maintained a consistent account throughout police interviews and pre-trial proceedings. At trial, the prosecution calls a banker, Mr Torres, who testifies that Helena told him she intended to use the funds fraudulently. Helena's barrister cross-examines Mr Torres aggressively, calling him a liar and suggesting he has fabricated his evidence to protect himself. Helena then gives evidence and for the first time raises an alibi defence that she was in Paris at the time of the alleged meeting with Mr Torres. Advise on the evidential issues arising from the cross-examination of Mr Torres, the late alibi defence, and any consequences for Helena.

Evaluate the law governing opinion evidence in criminal proceedings. To what extent should expert witnesses be permitted to express opinions on the ultimate issue, and how should courts manage the risks of juries placing excessive reliance on expert testimony?