Legal Analysis and Advisory Assignment

Legal Analysis and Advisory on the Case of Ajay and Henry Hay

Advising on hearsay issues from the scenario

Hearsay is a type of thing which emphasises listening to another person’s facts and there is no surety about whether the facts are true or not. It can also be referred to as gossip as there will not be any fact or evidence relating to the facts stated by the person. according to the Federal Rule of Evidence, Rule 801 states that hearsay is a type of statement which includes facts which do not have any surety as to whether the statement happened or not[1]. There is no proper evidence of providing the fact is correct or not. Thus, it can be both false and correct and is dependent on the evidence which has been gathered relating to the case.

In the present case of Ajay and Henry Hay, there were many different types of facts and statements which were hearsay. It is due to the reason that there was not any evidence for many of the statements and as a result of this in-depth investigation needs to be made. The first hearsay issue which took place in the case study included the fact that Ajay called the police and reported an incident which took place outside Richmond Hale Public House[2]. This incident was a hearsay as other than Ajay there was no other person as the witness. Ajay called the police and reported that a white male in his 40s stated that when he (Ajay) was leaving the public house at 23:30 hrs he saw that male shouting at a younger female. Also, that white male was holding the female and punched her twice and also pushed her on the floor. Ajay also listened to him shouting “Who do you think you are, you will never leave me”. After stating this the man ran down the lane and after five minutes the police arrived.

This whole incident is a hearsay issue as other than Ajay no other person has seen this and whatever he will be saying in this context has to be listened to by the police[3]. It is due to the reason that there is no other proof relating to the incident and the police will have to listen and what Ajay is saying till the time no evidences are collected.

Also, Ajay described the male stating that he was a white male and seemed to be in his late 40’s. Also, he was wearing grey jeans paired with a blue polo-neck shirt and bright orange trainers. This is also a hearsay statement till the time the person is found with this same description. In case the police can find Henry and he is in the same dress as specified by Ajay then it will not be treated as a hearsay statement.

Further, with the case, it was analysed that another hearsay incident in the current case included the case of Naveen. In the current case after some investigation on Henry, Naveen was found who be his wife and it was seen that a domestic assault case has been filed against Henry for assaulting Naveen[4]. During the interaction of PC Right with Naveen, it was seen that her arm was broken. It was assumed that this was done by Henry only and to confirm this PC Right took Naveen to medical evidence and there it was confirmed that her arm was broken. After this, Naveen wrote to PC Right stating that Henry had assaulted her and is a violent person and she is scared of her and because of this she is not interested in having any prosecution against Henry. Again this statement is a hearsay issue as there is no evidence that Henry has broken her arm.

With further analysis of the case, it is clear that later in the study it was analysed that Ajay moved from the city and also different cases have been highlighted against him[5]. With the investigation of the background of Ajay, it was seen that he was convicted of some fraud cases and after this, the police were not sure whether the incident reported by him was correct or not. Moreover, to get safe, Henry also stated that the incident did not take place as he was at home and Naveen had gone to the pub with her friends. Also, Henry stated that Naveen and Ajay were having an affair and she wanted to get divorced. Also, it was analysed that for getting a divorce she painted Henry in a bad light and he had not gone to any of the clubs that day.

All these incidents are hearsay as there are not any proofs which state that any incident in the current case has been taken. Since starting Ajay reported the case but other than him there was not any witness who proved the incident to be correct[6]. Moreover, in the further case of Naveen as well the medical test proved that she had a broken arm but it is not proven that Henry had broken her hand. It is assumed that the police believe the statement of Naveen that he assaulted her[7]. Again in the end, Henry stated that Naveen and Ajay are having an affair but there is not any surety as to whether it is correct or not as there is not any clear evidence that they both are having any affair. The whole incident is based on hearsay issues only and the police need to work hard to solve the case and prove all the facts correct.

Advising on the character issues from the scenario concerning Ajay and Henry

The character issue is defined as a situation which states that the person's character is not good and can affect the person's work to a great extent. It is due to the reason that when the character of the person is not at all good then it will be impacting the working of the company to a great extent. Also, it is very necessary for the person that the character issues must not be present in the case otherwise the case will not be solved well. In the current case of Ajay and Henry, both of them have many different character issues which need to be checked to solve the issue in better terms. Also, both persons were convicted of different cases and as a result of this, the police faced issues in solving the case.

In the case of Ajay, at last, when he left the place, the track record and previous cases were analysed. Hence, with the previous studies, it was analysed that he was convicted of many of the cases. The police national database highlighted that on 15^th March 2021, the case was analysed that Ajay gave evidence for family proceedings and there he made a false representation and for this, he was convicted of one year imprisonment. Along with this, two previous cases were also recorded for fraud in the year 2012 and 2015[8]. With this incident, it can be stated that there are many different character issues relating to Ajay as his record states that he was previously involved in many fraudulent activities and his character is not good. Thus, according to his previous cases, there are high chance that he is stating the wrong statement in the case of Henry.

Thus, for the solving of the case, it is necessary that the character of the person is good and authentic then only the proof can be relied on. The character includes the qualities which are collective and states that mental and moral values are followed by the person well. In case the character estimation of the person is not good then it will not authenticate their statement correctly. Thus, for this, it is advisable for the police or the relevant authorities that they must first evaluate the person and his background[9]. It is due to the reason that when the effective type of character evaluation will not be done then it will affect the solving of the case to a great extent. Thus, it is advisable to police and regulatory bodies that the reputation must be analysed well so that an actual evaluation of the person and their statement can be done. In the current case, the police must effectively do an interrogation with the people involved in the previous case as to whether Ajay has provided the statement correctly and in case a false statement is made then whether it was done under any pressure or any other related aspect.

It might be possible that someone has pressured him to give the false statement. Also, the analysis of the disposition or temperament of Ajay must be checked. It is necessary as it might be possible that due to anger he might have given a false statement as the tendency to act is very impulsive. Thus, it is necessary for the person that the effective type of work must be undertaken so that the work and character can be effectively analysed and evaluated. So it is advisable to the people that they must effectively evaluate the character and reputation of Ajay and must also check their temperament.

On the other hand, another person included was Henry Hay who was charged with the wounding of the intent contrary to section 18 of the Offence against Person Act 1861. Ajay reported the case against Henry for disrespecting a woman in the lane[10]. So after taking Henry to the police station the police officer enquired with the Police National Database and there it was analysed that Henry had a previous conviction for assaulting the section 47 Offence Against 1861 against Naveen Hay who is his wife. Also, with further enquiries made it was also analysed that there were 5 previous complaints reported for domestic abuse of Naveen. Further, Naveen called the police stating that she had been assaulted but after that, she refused to cooperate with the police. So they thought that might be Henry had pressured her not to cooperate and also Henry was having a case of contradicting section 18 Offences against the Person Act 1867 which related to his previous partner.

Thus, with all these facts it is clear that there are many different types of cases against Henry for assault and other related aspects. So it is clear that the character of Henry is not at all effective and good[11]. Thus, in the end when Ajay moved out of the city then Henry covered his situation by stating that Naveen and Ajay were having an affair. But this might not be the fact in case it were true then Henry would have stated it earlier. Moreover, earlier in many of the cases Henry was convicted and as a result of this, the character is not good. Thus, it is advisable for the police they add proof of previous bad character into the case so that it can be stated that Henry can also state false statements. In case these proofs are attached then it will impact the overall work to a great extent and the case can be solved well. In case the police take the previous cases as proof then the character will be outlined well and ultimately the overall working will be improved. For this, the application of the previous cases will be assistive to the police in managing the situation in a better and more effective manner.

Advising on the identification of the case

For the successful solving of the case, the case must be identified properly and clearly. When the facts relating to the case are clear then only the work will be managed well. Also, with the help of the clear facts listed, it is easier for the person to solve the case appropriately. When the clear facts are listed then it will be assistive to the lawyer or the investigating officer to appropriately analyse the situation well[12]. Moreover, in case the appropriate and clear identification of these points will not be made then the case will not be clear to the investigating authority. Thus, resultantly it is the responsibility of the officer working on the case they effectively try to list all the key facts so that the overall working can be improved.

For managing the case all the facts must be identified well. For the analysis of the case, it is necessary that identification evidence need to be gathered well. When this evidence will not be collected for the persecution then the case will not be solved well. It will include identifying the different types of the allegation and the related facts. This will help the person or the case investigator to analyse and evaluate all the key facts so that the case can be resolved easily. Moreover, when the identification evidence is collected well then it will be assistive to the person in solving the case more efficiently[13]. It includes emphasising more on the collection of evidence so that the case can become strong and better outcomes can be gathered.

Concerning the multiple issues within the case, it is necessary for the person that list down all the facts very easily and effectively. Hence, for this, the proper identification of the defendant needs to be made and it includes compliance with the Police and Criminal Evidence Act 1984 that PACE. This set of effective and clear strict procedures relating to the identification of the suspect and the witnesses as well under Code D of PACE. This code under the PACE includes facts like taking the fingertips, impressions, samples, photographs, clear identification material and many other different types of related aspects. Before entering the case it is very necessary that the appropriate and effective list of identification is maintained and also the work is undertaken well. Moreover, in case the overall list of evidence is maintained well then it will be helpful to the person to manage and solve the case effectively.

In the ccurrent case of Henry and Ajay, the police must have first collected the evidence and then only they must have detained Henry. In the reported case by Ajay, the police detained him and took him to jail. But rather first they must have collected the other evidence which proves that what Ajay is saying is correct. For this, police must have first examined the CCTV cameras of Richmond Hale Public House[14]. Also, in the streets as well there are cameras installed so the police must have viewed these camera recordings so that the incident can be confirmed. In case Ajay is stating all these facts according to his imagination then it can be wrong. Thus, the case must have been identified well in the present situation so that the overall working must be improved.

Also, in the current case, police tried to investigate relating to the facts of the eyewitness. For instance, Ajay stated that he saw a man in a blue polo shirt with grey jeans and bright orange shoes. Down the lane, the same man was seen who was wearing a similar kind of clothes as described by Ajay[15]. So it is evidenced that the description provided by Ajay is true and there is a man who is in a similar kind of clothes. Hence, this particular aspect of the case is investigated well. Also, it was necessary for the police or the investigating authorities that they must have collected evidence from outside of the public house where the incident between Henry and the women took place. This was necessary the reason that when an effective and appropriate search was done then it would impact the overall work to a great extent.

In the present case, identification was also required in the case of Naveen wherein the police or the investigator must have tried to collect the facts relating to proving the facts correct that the broken arm was done by Henry only. In case it is not proven correct then it cannot be assumed that Henry is assaulting and beating Naveen. Thus, it was the responsibility of the case investigator that they must have tried to effectively search for the facts and evidence which outline that Henry had beaten Naveen. But they are only following the statement of Naveen that Henry has been assaulted many times and that they must have complied with four different types of identification which include video, identification parade, group identification and confrontation identification[16]. Hence, in the present case of both Ajay and Henry, this must have been done. When all these four aspects of the identification are included by the police or the investigating authority then it will be easier for them to investigate the working well and try to solve the case. Also, when the effective type of investigation elements are included then it will improve the overall work and chances of clearing the case well.

When compliance with this investigation analysis is made then it will be assistive to the police in managing the work well. When all the facts are cleared then it will improve the overall working and the solving of the case very effectively[17]. Thus, when all these types of investigation issues are evidenced then it improves the chances of solving the case much better. Also, when this evidence is collected better it is useful for the case solver or the investigator they must try to manage the work well by using all the evidence well.

Issues relating to expert evidence in the case

Expert evidence is defined as the opinion or the judgement which is passed by some of the experts in a particular field. To find a solution to the problem effective and clear expert opinions or evidence must be also collected and gathered. This is mandatory for the case investigator when the expert evidence will be used by the person to manage the work well and try to provide justice to the people involved. Thus, it is advisable for the police that the working must also include expert evidence which will help the officer in managing the work and solving the case better. This includes seeking suggestions from experts in a particular field so that the case can be solved in a better and more effective manner. Also when clear and expert evidence is gathered then it will be assistive to the investigator in solving the case well.

In the current case, compliance with the expert evidence is also taken which includes complying with the Police National Database. This is a type of expert portal wherein all the previous types of data are recorded and this can be accessed in case some issue or case arises[18]. So in any case, the prime responsibility of the person is to search for expert data and then analyse whether the person has any past criminal record or not. In case any criminal record is there then it will be easier for the investigator to analyse and evaluate the changes well. Moreover, when the overall working data is undertaken then also it will be helpful for the company in managing the work well and ultimately the case can be solved easily.

Moreover, in any case, if the police officer is unable to understand the work or the steps which need to be taken then it will be easier for the prosecutor to manage the work well. Also, many times the interpretation of a particular law or any other technical issue is not known by the police or the people working under them[19]. Then the case of expert evidence is very helpful as with the help of this the working is improved and ultimately the overall case may be solved very easily. Thus, with the help of expert advice, the person can easily try to manage and maintain the work such that the overall efficiency is improved and ultimately the case will be solved properly and clearly.

Taking the help of the expert evidence is necessary as it is very assistive in managing and planning for the work in better and more effective manner. Along with this, the clear knowledge will be increased relating to the case and when the expert evidence is not used then it will affect the solving of the case negatively. So in the current case of Ajay and Henry compliance with the expert evidence is very necessary so the overall case can be solved appropriately and effectively.

Issues regarding inferences from the case

There were many different types of issues and different inferences which were drawn in the wrong manner. This is because of the reason that when the effective type of the case inferences will be undertaken then it will be assistive to the investigator in solving the case well. Also, when the appropriate inferences will not be taken then it will impact the working and solving of the case. The inference which was drawn from the current case which is wrong includes the fact that when Henry was interviewed then he provided a statement which stated that Naveen is a liar and also a vindictive person which is not at all good[20]. Also, he stated that she has lied to the police previously and because of this only she has not cooperated with the police.

Moreover, another incident where the wrong inference is drawn includes the case where it is presumed that Naveen has a broken arm then it will be because of Henry only. On the other hand, this is not necessary in case there is any injury then it doesn't need to been given by Henry only[21]. It might be possible that she has got hurt from something else and might be stating that Henry has hit her. But in actuality, it is not the case and it might be possible that she got hurt from somewhere else and might be naming that Henry has done this.

Also, it was inferred that what Ajay was saying was correct and the police came to the site with the report only and no other evidence was taken. Even after reaching the place of the incident the police did not try to review the place of the incident and try to analyse whether what Ajay is saying is correct or not. Thus, with this, it is clear that the police must have tried to evaluate the facts provided by Ajay and then think of any further investigation. Moreover, in case the clear investigation and inferences had been analysed then the overall case would have been solved easily. Also, there is an inference drawn which states that the mental state of Henry is not correct and is suffering from anxiety and their mental health is also affected as stated by the GP of the prison. This simply inferred that the person is stating that the mental health of the person is not good and ultimately the trial needs to be ended. Also, with this, it is inferred that the doctor is stating correctly and against this it might be possible that he might have bribed the doctor for making such a statement[22]. This inference could have been made by the investigator so that a clear identification of the correct fact could be made. Henry might have given money to the doctor for stating in favour of him. Thus, the case investigator must have undertaken all these inferences effectively so that the case can be solved.

Strength of the case

At last, it was analysed that there needs some improvement in solving the case. This is very necessary because of the reason that when the clear judgements will not be passed then it will not be assistive to the person in managing the case well. Furthermore, for improving the case, it is advisable to the police and other authorities involved that they must effectively try to draw valid inferences from every situation and they must effectively try to think critically so that the overall working of the case can be improved[23]. The reason underlying the fact is that when the investigator is thinking of both positive and negative aspects then it will be clearer to solve the case well. Hence, ultimately the overall efficiency will be improved and the investigator will be in a position to understand both the perspective and ultimately correct decision taken.

Along with this, it is also advisable for the case investigator they effectively try to interrogate every person involved in the case. This is necessary because when the clear analysis and understanding of the views of different people involved will not be understood then it will be impacting the overall working capability to a great extent. For instance, the investigator must have questioned Ajay in detail so that the correct and authentic information could have been collected. In case the police just listened to the facts and acted then it is not correct. Rather, the police need to cross-question Ajay relating to all the facts which he has stated. In case he was lying relating to the fact then it would have been understood by the police. It is due to the reason that ultimately in case Ajay would be lying then in cross questioning he might say something which is not correct. This way the investigator can easily manage the work and ultimately the case could have been solved in better terms.

Furthermore, when the effective type of clear investigation method is implemented then it will be assistive to the person in solving the case well. Thus, as a result of this, it is advisable for the investigator they try to use the different types of investigation like the video, investigation parade and many other different types of evidencing methods[24]. All these methods will be helpful to the person managing the case so that the overall decision can be taken. In case these methods are not utilised well then it will impact the overall work to a great extent. Thus it is mandatory for the people investigating to use the best evidence collection method. So it is necessary for all the people involved they implement the use of the effective evidence-collecting method appropriately.

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