Evidence of conversations between the defendant and the undercover police officers should have been excluded because they concerned a fact in issue in the case, namely, the guilty knowledge of a stolen car. Here, the evidence obtained was akin to a confession and was a deliberate attempt to circumvent Code C. Section 78 of PACE is most commonly used in cases where evidence has been obtained in breach of PACE codes of practice, which notably regulate the way in which the police question suspects and so on.
The NZSC on improperly obtained evidence At last Hamed v R [2011 NZSC 101 is online, although in redacted form. It does not answer the question that will occur to most people: is it the duty of the police (1) to detect and stop offending, (2) to bring offenders to court with admissible evidence, or both of those, or some compromise between Unlawfully and Unfairly Obtained Evidence. The defendant has a right to a fair trial and therefore his trial team must consider issues surrounding the admissibility of unlawfully and unfairly obtained evidence.
This can be examined by looking at the position in common law s78 of PACE and the abuse of process procedure. 16. 77 Section 138(1) provides that, in civil and criminal proceedings, evidence that was obtained improperly or illegally is not to be admitted unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence given the manner in which it was obtained. The admissibility of improperly obtained evidence It is well established that the courts have the power to throw cases out of court based on some infraction.
Whether a police officer denied the suspect the right to legal advice, [1 or failed to note his name and station on arrest, [2 the courts may use such reasoning to justify acquittal. Evidence Obtained Improperly During The Police Interviews Law Essay Published: December 1, 2015 A lawful arrest of an individual indicates a legal 'condition' of the arrested individual.
Professor Michael Stockdale gives general overview of the role of the law of evidence, including confessions and improperly obtained evidence. The author tries to present the most significant principles of the exclusionary rule in the common legal system, using the examples of the relevant cases.