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Ask Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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PC Drake is on uniformed

Customer Question

PC Drake is on uniformed duty and walking his beat around Soho at 4am. He spots Max riding a bicycle the wrong way down a one way street. He also notices that Max is carrying three handbags in the bicycle basket. PC Drake follows Max at jogging pace but before he catches up with him Max cycles into the communal parking area of a block of flats.
When PC Drake catches up with him he asks him where he got the handbags and whether they were his. Max replies that he bought them at Camden Market the day before as presents for his mother and two sisters. Max has no receipt(s) for the bags.
PC Drake decided he did not believe what Max told him and so decided to search him. The search revealed that Max had in his coat pockets a set of keys, £25.78, a Stanley knife and a letter from the DSS regarding job seeker’s allowance.
PC Drake told Max it was an offence to carry a knife around but Max said he was a carpet fitter and used the knife to cut up carpets. PC Drake decided to arrest Max and took him to the local police station.
At the police station the handbags were opened to reveal the following:-
1. Three 1.5 volt batteries.
2. A coil of wire.
3. A packet of glass marbles.
4. A box of caustic soda and a box of peroxide bleach.
The police tell Max they are going to keep him at the police station for 36 hours whilst they investigate the matters and that if he wants to speak to anyone he cannot do so until the 36 hours have expired.
Max is then interviewed for a continuous 9 hours. After 36 hours the police decide to charge Max with :-
1. “ theft of three handbags of a total value of £95.00.”
He is refused bail.
Answer the following questions:-
1. Have the police complied with the provisions of the Police and Criminal Evidence Act 1984 (as amended)?
2. In what circumstances can bail be refused?
[Learning outcomes and assessment criteria 4(b) (c) ]
3. Which court is likely to deal with the charges and why ?
4. What factors would the police/CPS take into account when deciding to charge/prosecute Malik ?
5. Describe the court procedures and stages which Max's case would go through on the assumption he intends to plead not guilty to both charges.
6. If Max wishes to complain about how the police treated him:-
(i) would he be likely to have legitimate grounds for complaint ? and
(ii) who would he complain to and what recompense might he get ?
7. If Max was convicted what considerations would be taken into account on sentencing and would such considerations be supported by any theories upon which criminal justice is based ?
8. In what circumstances would Max be advised to appeal against conviction and would he appeal to a criminal or civil court?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Is this a legal essay/homework?
Alex Hughes : This work will take about 3 - 4 hours to com
Alex Hughes : This work will take about 3 - 4 hours to complete. Are you happy to pay for this additional time?
Customer :

you are charging me £ 28 for only tell me you require from 3 or 4 hours to answer these questions and also must pay the sum of £ 245.
please i need my money back.
thank you very much
Carlos

Alex Hughes : How long do you think it will take?
Alex Hughes : I'm afraid I dont know what learning assessment criteria 4 (b) (c) is either, so you will have to help me out there.
Customer :

you as a solicitor i think it should not take more than a hour

Alex Hughes : OK. Unfortunately I can't do an hours work for the fee paid so I will have to opt out.
Customer :

will i get my money back

Customer :

i want my money back

Customer :

please don't do any work for me just find a way to get my money back

Customer :

I need my money back please