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Case Study: On leaving a bus late one night Archie is robbed at knife point. Although he only got a fleeting glimpse of the robber he is able to provide the police with a basic description and tells the police he is confident of being able to identify his assailant again. The police speak to Chloe, the driver of the bus, who witnessed the incident. She says that she recognized the person who committed the robbery as Jaxon, as she claims to have seen him commit a similar robbery a few years ago, even though he was never convicted of this earlier robbery. The police show Archie a picture of Jaxon and he says he might have been his assailant. Jaxon is arrested and when he denies being the robber and claims Chloe is mistaken, the police arrange for Archie to attend an identification procedure. This is conducted by Detective Sergeant Holding, who is the officer in charge of the investigation. Archie makes a positive identification of Jaxon. The police do not ask Chloe to attend the identification procedure as they do not think it will serve any useful purpose. When Jaxon is interviewed by DS Holding he remains silent on legal advice. At trial Jaxon will not testify as he suffers from post-traumatic stress disorder and evidence will be adduced from a psychiatrist that Jaxon would find it very difficult to testify.
Questions:
(a) Discuss the evidential issues arising.
(b) In which court will Jaxon's trial take place and how will his case get to trial?
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