Reference no: EM133809723

Question 

The focus of this paper is to examine Brain's legal issues. To begin, the first area of discussion will be the potential exclusion of evidence obtained by a 'trick' and determine if the methods used by the police may have violated procedural fairness or constituted entrapment, thereby exposing the integrity of the evidence. Second, the admissibility of Brian's confession will be evaluated. It is paramount to ascertain whether the information obtained was in compliance with statutory safeguards under the Police and Criminal Evidence Act 1984 (PACE), and whether any breaches, such as the denial of legal representation, rendered the confession unreliable or biased. Third, the procedural mechanisms for determining the admissibility of evidence at trial with a major focus on the role of a a voir dire hearing in assessing the lawfulness and fairness of contested evidence will be analysed. Furthermore, Brains's right to a fair trial under Article 6 of the European Convention on Human Rights, as incorporated by the Human Rights Act 1998 will be explored. Finally, Brain's low intelligence and Paul's age will be examined. Relevant legislation such as the Youth Justice and Criminal Evidence Act 1999 will be explored to figure out the legal protections given to vulnerable defendants and witnesses.