ASSIGNMENT INSTRUCTIONS Module Title: Criminal Litigation with Evidence
Level: 6
Instructions: Answer the question set out below.
Word Limit: 3,000 words, excluding footnotes, bibliography and other items listed in rule 6.83 of the Academic Regulations: Academic Regulations Written assignments must not exceed the specified maximum number of words.
Referencing: Work must be properly referenced and MUST use the OSCOLA system and include a bibliography.
You work for a firm of solicitors, Laws R Us LLP, as a paralegal. Your firm acts for Sheila Smith who is seeking advice about her arrest by the police. Your supervising solicitor has taken Sheila’s instructions and drafted a statement which Sheila has signed. This statement sets out Sheila’s version of events. Your supervising solicitor has asked you to produce a written analysis of Sheila’s statement which identifies possible breaches of the law and why you think there may be breaches of the law. You are also asked to comment on the behaviour of the solicitor, Mrs Draper.
Your analysis should not exceed 3000 words. Work must be referenced and must use the OSCOLA system and sources included your bibliography.
Statement of: Sheila Smith
Address: 12 Oak Avenue Chelmbridge
Telephone:
DOB 10/07/1985
I live with my partner, Gregory Jones and my two-year-old daughter Felicity at 12 Oak Avenue, Chelmbridge. This property is rented in my sole name from a private landlord. My parents are dead. I have a brother who also lives in Chelmbridge. I am not employed now as I am looking after my daughter. Gregory has been a factory worker, but he was made redundant a month ago when the factory shut. He has been unable to find work. I have been in trouble with the police in the past. This is mainly for theft from shops. As a teenager I received two police cautions for theft from shops. About three years ago when I was going through some personal problems, I started stealing from shops again. Eventually the court gave me a community sentence order. I have not been in trouble since that time. Three days ago, on the 20th March 2022 my brother Frankie Smith came round my house to see me. He asked me to do him a favour. Frankie said he had to go down to London the next day for work purposes. He asked if I would pick up a parcel for him from a friend called Deborah Reed who lived at 5 Grange Close in Chelmbridge. He said that she had a box of DVDs that she no longer wanted, and that he could have them. She was moving house and tomorrow was the only opportunity that Frankie would have to pick up the DVDs. I said that I would be happy to do this, and it was arranged that I would pick up the DVDs the next morning. The next morning, I went out to pick up the DVDs. I left Felicity with Gregory who was going to take her out for the day. Grange Close is not far from where I live, about 10 minutes to walk to it. I have never been to 5 Grange Close before and I had never previously met Deborah Reed. I rang the doorbell, and it was answered by a woman. She was tall and had long black hair. I would say she was about forty years old. I said, “are you Deborah Reed?” She replied, “yes.” I told her that I was Frankie’s sister and that I had come to pick up some DVDs she was giving him. The woman told me to wait and went back into her house. A few seconds later she appeared with a small cardboard box that was sealed up with tape. I didn’t see any writing on the box. She handed me the box and said, “that’s the DVDs for Frankie.” I thanked her and left. I started to walk home. I had been walking about five minutes and I was half-way down Belsize Road. I became aware of a car coming up behind me and it stopped alongside me. The driver and front-seat passenger quickly got out and came up to me. They were both men and dressed in ordinary suits. One of them said, “hello Sheila, what have you been up to then, your usual stealing antics?” I vaguely recognised him and thought he might be a police officer I had dealings with in the past. I was really surprised by what had taken place and I said, “what do you mean?” This man, who I now know to be Detective Sergeant Paul Carter, said “what have you got in the box then, something you shouldn’t have knowing you?” I said, “you got no right to talk to me like that, I haven’t been in trouble for years.” The other man, who I now know to be Detective Constable Darren Clarke, said, “well then you will not mind us searching you.” He immediately took the box out of my hand and ripped open the tape. Inside the box I could see a number of DVDs. I told him that I had picked up the box from a friend of my brother and that if they wanted to they could go and ask the person who had given it to me. I was now feeling quite angry. D.S Carter opened one of the DVD cases. I saw that there was no DVD inside the case but there was a plastic card. He showed me the card and it looked like a credit card. D.S. Carter then opened more of the DVD cases and they all contained what looked like a credit card. D.S. Carter said, “well it looks like you have gone into the stolen credit card business.” I was too shocked to say anything. He then said, “you are under arrest, get in the car.” I didn’t feel I had any choice, so I got in the back of their car. As we drove away, D.S. Carter told me that we were going to my home address to search it. We drove to my house, and we all got out of the car. I felt I had no option but to let them into the house. Gregory and Felicity were not at home. The two officers searched the lounge looking in drawers and cupboards. They did the same in the kitchen, the bathroom and the two bedrooms. In my bedroom they found a small box in a bedside drawer. Inside it they found some cannabis. Very occasionally Gregory and I smoke some cannabis. This cannabis had been there for some time. I told the officers that it was cannabis just for personal use. It was only a small amount. D.S. Carter said, “you are also under arrest for this.” I was then taken to the police station. I was taken to see the custody officer. It was 11.15 am. The custody officer took my name, address and date of birth. I kept saying I didn’t know anything about the credit cards and that I had picked up the box for my brother. I also said I wanted to phone Gregory and Frankie. I was told I could not do that. I said I wanted to see a lawyer and I was told that this would be arranged. I was then placed in a cell. A few minutes later D.S. Carter came to the cell and said he was going to find Frankie and that he was going to arrest him. I told him that Frankie was down in London today, but I didn’t know where. He then said, “I am also going to arrest Gregory in relation to these stolen credit cards.” I was very upset about this, particularly as Gregory was looking after Felicity. I told D.S. Carter that Gregory had nothing to do with the cards and that I knew nothing about the cards. He said something like, “well unless you start telling the truth that you are involved, I am going to have to arrest Gregory, you think about that.” I was then left in the cell for hours for about four hours. I was feeling rather hungry and thirsty by this time. At about 3 pm I was taken from the cell to a room and met Mrs Draper, who said she was the duty solicitor. She said she did not know why I was at the police station. I told her what had happened. During this, Mrs Draper was constantly texting on her phone, I do not think she was paying much attention to me. When I finished explaining what had happened, Mrs Draper, said “the police want to interview you, so let’s get this over done with as quickly as possible as I have other clients to see.” I asked if I should answer police questions. Mrs Draper said it was up to me. We then went into the interview room. I kept telling the police I did not know the box contained stolen credit cards. During this time Mrs Draper kept texting on her phone. After the interview I was charged by the police with handling stolen credit cards and possession of cannabis. I was released on bail to attend court at a later date. As Mrs Draper left me, she just said, “I will send you a bill for being at the police station to help you.” I have now come to a different firm of solicitors for help. I maintain I did not know about the credit cards.