Advise Whether the Crown Prosecution Service Should Go Ahead with a Prosecution Against Shantel

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PAGE 1 Scenario 1 Advise whether the Crown Prosecution Service should go ahead with a prosecution against Shantel. Shantel was arrested based on one eye witness account from her ex boyfriend Zac. Many other people have witnessed someone kicking Jennifer the Paramedic but no one but he, saw who did it. According to The full code test, section 4.7 of the Code for the Crown Prosecutors it must be decided that the evidence is reliable and does not give cause for concern. His testimony is unreliable and inaccurate, based on that unless he was involved in the fight, he would not know who it was who kicked Jennifer the Paramedic as it is pointed out by Shantel herself that there was lots of kicking and screaming at the point that Jennifer was kicked. If the evidence is used in court against Shantel then this could lead to a wrongful conviction and she could end up in prison for committing a crime that she did not commit. Even if Shantel did commit this crime, she states herself that when she was on the floor with her sibling, there was lots of kicking and screaming and she could have done this as a mistake. Public interest factors against prosecution, The full code test, section 4.17 (d) says if the offence is committed as a result of a genuine mistake or misunderstanding. As there was a group of girls who knocked her to the floor she could have been kicking out to get them away from her and did not realise that there was a paramedic there trying to help her and simply thought it was the girls whom she was fighting. This is speculation as it is not clear who kicked Jennifer, but this could be used in court by Shantel herself to explain why the Paramedic was kicked and this would make the evidence unreliable. The evidence is likely to be excluded as it was not obtained from a reliable source. There is no witness statement from the victim herself to confirm who

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