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Mark and his Attacking Janet - Essay Example

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The case is about Mark and his attacking Janet on one night at the railway station. For Mark, there are several laws that can be used to give advice to him. As by law, he can remain silent and not disclose his whereabouts during the night Janet was attacked…
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Mark and his Attacking Janet
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Mark and his Attacking Janet

Download file to see previous pages... For Mark, there are several laws that can be used to give advice to him. As by law, he can remain silent and not disclose his whereabouts during the night Janet was attacked. Silence is instructed by Criminal Procedure and Investigations Act 1996 and CJPOA 1994 s.34 and 37. The right to silence is given to Mark, through this law. The Right to Silence indicates that the accused does not have to answer questions during trial and hearing or before it in order to avoid self-incrimination.As by law, he can remain silent and not disclose his whereabouts during the night Janet was attacked. Silence is instructed by Criminal Procedure and Investigations Act 1996 and CJPOA 1994 s.34 and 37. The right to silence is given to Mark, through this law. The Right to Silence indicates that the accused does not have to answer questions during trial and hearing or before it in order to avoid self-incrimination.
“[…] it is not the compulsion to answer questions which creates the breach of Art. 6, but the subsequent use of the evidence so obtained. In any event, for the most part, a suspect cannot be prosecuted for refusing to answer questions.” (KeyZone, Public Law).
“(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him” (European Convention on Human Rights) This means that Mark has the right to cross-examine the witnesses that are testifying against him for the attack on Janet. ...Download file to see next pagesRead More
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