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Saleem is on trial in the Crown Court charged with theft from a shop. When first questioned under caution, Saleem told the police he had been at home suffering with a cold. However, when the police proved this was false, Saleem subsequently admitted that at the time of the offence he was abroad with his employer’s wife, with whom he is having an affair. At trial, evidence of the lie has been adduced by the prosecution, although they do not rely on it as part of their case. What is the most appropriate decision for the Judge to take about whether to give a Lucas direction to the jury?

You represent Georgia, who is on trial in the Crown Court for ABH on a homeless man who was sleeping rough in the town centre. She was identified by Sunitha who witnessed the assault and claims to know Georgia. When Georgia is interviewed under caution she denies knowing Sunitha and asks the police to carry out an identification procedure. In breach of PACE 1984 Code D, the police refuse, on the grounds that it is unnecessary. The Prosecution indicate that, as a result of Sunitha’s evidence, they have a strong case against Georgia. What is the most appropriate way for you to deal with Sunitha’s identification evidence?

You are prosecuting Alfred in the Crown Court for possessing a controlled drug of Class A with intent to supply. The case against Alfred is that he is part of a drugs gang which imports large quantities of heroin into the country and distributes them to a network of street dealers. Alfred was arrested in possession of 2 kgs of heroin concealed in the false bottom of a suitcase. He was with two other gang members at the time who are his co-defendants. The gang were observed and covertly recorded by police for a period of time and Alfred appears on a number of the recordings in company with other gang members. His defence is that he was asked to look after the suitcase by his co-defendants but that he had no idea what was inside. In interview, he accepted that he spent a lot of time with his co-defendants, but they were just friends he met through work. Alfred says he has no knowledge about drugs or drug dealing and therefore did not pick up on their activities. He has one previous conviction for supplying a small quantity of a Class B drug (cannabis) 4 years ago. You apply to adduce evidence of Alfred’s previous conviction. What is the best gateway to use in support of your application?

Kevin has been convicted of s.18 GBH and is to be sentenced in the Crown Court. The Judge believes that a sentence under the dangerous offender provisions may be appropriate. He is considering whether Kevin is a dangerous offender under the Sentencing Act 2020. What test must the Judge apply to determine this?

You are prosecuting Liam who is on Crown Court trial for s.18 GBH. It is the day of trial and you are informed that one of the prosecution witnesses is incapacitated in hospital having been hit by a car. The defence do not contest the witness’s evidence and want it adduced. What is the most appropriate action for you to take in relation to this witness’s evidence?

You represent Shamira who is charged with blackmail (an indictable only offence). When the police searched her home, they found incriminating articles including photographs and a mobile phone from which texts to the alleged victim were sent. You take the view that the search was conducted in breach of PACE 1984 and the Codes of Practice and that the search breached Shamira’s right to privacy guaranteed by Article 8 of the European Convention on Human Rights (ECHR). At the start of the trial, you make an application under PACE s.78 to exclude the evidence seized during the search. Which point is the Judge likely to consider most important when determining your application?

You represent Samuel at his sentencing hearing today which is listed before HHJ Simon. Samuel appeared before HHJ Ahmed eight weeks ago when, following a request from the defence, HHJ Ahmed gave an indication of sentence. Having heard the indication Samuel entered a guilty plea and his case was adjourned for sentence. Is HHJ Ahmed’s indication given to Samuel still valid and does it bind HHJ Simon when passing sentence?

You are prosecuting Jasmine in the Crown Court. She is charged with s.18 GBH. The prosecution case is that she struck her boyfriend Leo over the head with a brick and fractured his skull. Leo was convicted of ABH five years ago following an incident in which he struck and injured his ex-girlfriend. Jasmine has two previous convictions for common assault and one for theft, all within the past two years. Before the trial began the Judge ruled that neither Jasmine’s nor Leo’s bad character could be adduced. While giving evidence during the trial Jasmine states “I’ve been no angel, but at least I’m not a wife beater like Leo. He’s been convicted for beating his last girlfriend”. What is your best course of action in relation to Jasmine’s previous convictions?

Justin and Thomas are jointly charged with blackmailing Hilary. Justin gives evidence and says that neither he nor Thomas ever made any threats to Hilary. Is Counsel for Thomas able to cross-examine Justin?

Hannah has been arrested for s.18 GBH. She was arrested after a police officer found her down an alleyway, covered in blood, standing next to the victim, who was unconscious on the ground. At the police station, Hannah’s request to consult a solicitor is refused and thereafter she is interviewed. The interviewing officer does not give Hannah the normal caution. Instead, at the beginning of the interview, he cautions her by saying: “You do not have to say anything, but anything you do say may be given in evidence.” Later on in the interview, he wishes to ask Hannah to account for her presence in the alleyway and the blood on her clothing. Which of the following correctly sets out the next step to be taken by the interviewing officer?