This assignment consists of two parts, PART A and PART B. You must answer BOTH

PART A and PART B.

PART A

Brandon is a mechanic who works at Arden Automobiles specialising in classic cars.

He is currently working on a vintage American Mustang for Steve. However, whilst

working on the car, Brandon accidently scratches it causing permanent damage to the

paintwork. When Steve arrives at the garage to collect his prized Mustang he is furious

with Brandon. Both engage in a heated argument and then Steve grabs a wrench and

hits Brandon on the head. He falls to the ground and is unconscious.

Dylan arrives at the garage to get this 1960s Porsche serviced. He parks his car

towards the back of the car park to avoid any scratches from other cars –

approximately 10 metres from the door. He sees Brandon on the floor unresponsive

and Steve going through Brandon’s pockets and other belongings inside of the garage.

He usually wears contact lenses but he was not wearing them at this time. The car

park was busy and it was raining heavily.

Dylan immediately called the police and gave a full description of Steve – he had long

dark hair, was 6 ft 6 inches tall, wearing a red baseball cap, a green hoodie, blue jeans

and white trainers. Dylan knows Steve because he used to go out with his sister, Kelly.

Steve’s attack on Brandon was captured on CCTV, but the quality of such was poor. It

was clear however that Steve was wearing a baseball cap as Dylan had described. On

the basis of Dylan’s evidence, Steve is arrested wearing blue jeans and white trainers.

At the time of his arrest Steve remains silent and continued to do so throughout his

police interview. The arrest record shows that Steve is 6 ft 3 inches tall and muscular.

Analyse the evidential issues that arise in this scenario with reference to relevant law.

Your answer should:

• evaluate the identification evidence

• examine the effects of Steve remaining silent throughout his police interview

• make reference to relate statues and case law.

PART B

To what extent is the law concerning hearsay evidence in criminal proceedings in need

of reform?

In your answer make reference to relevant case law, legislation and other materials.