What are the implications of being interviewed


Assignment task:

Background:

Kelvin Dunn, aged 12, is often truant from school. Like many truants in his area, he is part of a gang called the 'way street boys', which operate in the north part of Warrington. The gang's 'signature' is based on their attire, black tracksuits with hoods pulled up, and offences committed - mainly petty thefts.

Yesterday, 9th December, someone matching Kelvin's description was recorded on CCTV at a local supermarket putting a pair of scissors in their coat pocket. The face of the assailant was covered by their hood, but they had a distinctive limp. Moreover, Kelvin was recorded on another nearby shop's CCTV system several minutes later. Shortly after the scissors were taken, Mooke Rabid, a fierce rival from the 'back street gang', was fatally stabbed using a sharp item. Kelvin and his other gang members had a well-known grudge against Mooke and his gang and had engaged in petty fights between members for some time.

Multiple witnesses and CCTV footage saw a young person run away from the vicinity of the stabbing. Some witnesses said the person was of mixed race, others that he was white. One witness, Evan Davis, aged 89, believes he recognised the assailant as Keeton Dunn, Kelvin's younger brother, but he can't be sure as he has poor eyesight.

Kelvin has been charged with murder but claims he was with his friends in the park, 3 miles away, at the time of the stabbing. At the police station, it was noted that he walked without a limp. However, it later transpires that he does suffer from a limp sporadically due to adolescent arthritis.

Attendance Form Issues to Consider

Acting in the capacity as a trainee solicitor, Kelvin wants to know:

1. What are the implications of being interviewed without an appropriate adult being present all the time?

2. How valid will Evan Davis's evidence be if he is called as a prosecution witness?

3. What other issues may go in Kelvin's favour?

Request for Solution File

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