Examine critically the approach taken by the courts to applications to exclude real evidence under s.78 of the Police and Criminal Act 1984.

Question 2:

Cesar, a known gang member, is charged with murder arising out of a confrontation in a restaurant. Using a 12-inch bronze statue which belonged to the restaurant Cesar allegedly killed his victim with a single blow to the head. He claims to have acted in self-defence. There were several eyewitnesses who gave statements to the police. One of these, Joe, has died of natural causes. There was another eyewitness who has not been traced. He approached the restaurant owner immediately after the attack and said - "The guy did nothing wrong! There was no reason for that man to kill him."

Consider whether:

(a)The prosecutor will be able to read out the statement of the deceased witness

(b) The restaurant owner will be able to give evidence of what the unknown said

Question 3:

The police were called to Latheef Street where a woman had been robbed. When they arrived, the robber had gone. Apart from the victim, there were three witnesses to the robbery, who each gave the police a detailed description of the robber. PCs Ashfaq and Qasim then took the three of them in their police vehicle to see if they could see the perpetrator. When they had travelled about 800 metres, one of the witnesses shouted out, "That's him!" and pointed to Shafiu. The other witnesses confirmed the identification. Another police car then brought the victim to where Shafiu had been detained by PC Ashfaq and she confirmed that he was the robber. Shafiu was taken to the police station.

Later, in his interview under caution, Shafiu stated he had been at the petrol station at the time of the robbery buying some cigarettes. At his trial the prosecution will produce CCTV footage from the petrol station which clearly shows Shafiu was not there. No formal identification procedure was held.

Consider whether the street identification will be admissible at trial (60%)

If the Judge admits the street identification evidence, how should he direct the jury in relation to identification in the summing up? (40%)