Forms of covert evidence-gathering

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Which provision/Act is relevant to this type of evidence?
s.17 RIPA 2000
1 of 11
What does s.17 essentially say?
Even if evidence is lawfully obtained, it can't be used at trial (in order to preserve secrecy)
2 of 11
If this is the effect of s.17, what is the point in intercepts?
To find out where future crimes might occur/find out who is involved
3 of 11
Where won't s.17 be triggered (and thus evidence admissible)?
Where intercept is committed by someone "unofficial"/ where evidence is obtained unlawfully (rather than by an official mentioned in legislation)
4 of 11
What does Spencer describe as the root of the problem in this provision?
Makes no distinction between gathering information for national security purposes + collecting evidence for prosecution
5 of 11
What does Spencer say is the counter-argument for point that offenders would find a way around communication methods (which are currently tapped) if rule was changed?
Offenders will continue to use "tapped" methods because they have to (offenders already know these methods are tapped) + point is premised on idea that gathering secret info is more important than using it
6 of 11
What does Spencer describe as counter-argument for justification that intercept method details would become public?
Silly point: there are public interest immunity rules currently in place
7 of 11
Should the potential for inter-agency tension be a reason not to use intercept evidence at trial?
No (Spencer)
8 of 11
Is the idea that using intercept evidence would increase burden on police sufficient to stop it being used?
No: Spencer says that police would only need to transcribe relevant parts of intercept evidence
9 of 11
What justification does Spencer describe as plain wrong (for keeping rule on intercept evidence as it is)?
Reversing it = hamper ability to adapt to new technology
10 of 11
What are 4 further reasons cited by Spencer which justify reversing current ban on use of intercept evidence?
(1) basic rule that if evidence is relevant, it is admissible, (2) ban might threaten civil liberties, (3) ban might cause a miscarriage of justice, (4) ban causes delays/complications/expense (as police have to work around intercept evidence)
11 of 11

Other cards in this set

Card 2

Front

Even if evidence is lawfully obtained, it can't be used at trial (in order to preserve secrecy)

Back

What does s.17 essentially say?

Card 3

Front

To find out where future crimes might occur/find out who is involved

Back

Preview of the back of card 3

Card 4

Front

Where intercept is committed by someone "unofficial"/ where evidence is obtained unlawfully (rather than by an official mentioned in legislation)

Back

Preview of the back of card 4

Card 5

Front

Makes no distinction between gathering information for national security purposes + collecting evidence for prosecution

Back

Preview of the back of card 5
View more cards

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