Improperly Obtained Evidence

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What is the principle set out in Jones v Owens?
it would be a dangerous obstrtion of justice if, because evidence was obtained by illegal means, it could not be used in trial
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Which legislation governs improperly obtained evidence?
S78 Police & Criminal Evidence Act 1984
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What is the principle set out in Latif?
Court should use discretion to stay proceedings involving entrapment
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Why do judges have a discretion to exclude relevant evidence?
Just because ev is relevant does not always mean it is admissible
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What is the general rule for improperly obtained evidence?
Improperly obtained evidence is legally admissible whether it is by prosecution or defence
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Can confessions be admissible?
Improperly obtained evidence is legally admissible whether it is by pros or defence
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What is the principle set out in A v SoS for Home Department?
ev is inadmissible if obtained by torture
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What is the rule on specimens unfairly obtained in drink-driving cases?
Unlawfully obtained specimens show exception to general rule
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What are the facts of Murray v DPP?
M's specimen inadmissible - not proved M was warned he would be prosecuted if he did not give i
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What was the decision in Murray v DPP?
warning should have been given under S7 RTA
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What is the common law position?
Judges have discretion if they feel prejudicial effects exceed probative value
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What is the principle set out in Sang?
For a fair trial, a judge may refuse to admit evidence
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Due to it's prejudicial effect, a court can...
exclude gruesome evidence
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What are the facts of Shankley?
concern jury may be skewed - full horror of ev - revealed in child sexual offence cases
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description of gross evidence must be...
as neutral as possible - a general description is enough.
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PACE S78 must be read with...
Article 6(1) ECHR
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What does Art 6(1) provide?
A right to a fair trial
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What are the facts of Campbell v Williams?
C tricked into incriminating himself & W - co-accused father secretly recorded conversation
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What is the principle set out in Myers?
if pros has unfairly obtained b legally admissible ev against D, must disclose it to D - would be able to use as defence
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What are the facts of Khan (Sultan)?
HL dismissed argument - inviolability of D's home should be upheld by exclusion of ev - gained by illegal bugging devices
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What is the principle set out in Kuruma?
test to see whether ev is admissible is whether it is relevant to matter in issue
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What is thetest to see whether ev is admissible?
whether it is relevant to matter in issue
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What is 'fairness'?
Court consider whether serious breaches have deprived D of his rights
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'fairness' is read with which legislation?
Human Rights Act 1998
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What is the principle set out in Latif?
abuse of power arises where circumstances which prosecution has come to be brought amount to 'affront of public conscience'
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What is the principle set out in Maxwell?
The court can stay proceedings (a) where it will be impossible to give fair trial (b) where it offends court sense of justice
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What are the facts of Warren AG for Jersey?
Ev obtained from unauthorised listing device - correctly admitted for D's drug smuggling
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What may prejudice D's position?
Failure by police to keep record of interviews
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What is the principle set out in Chalkley?
judge must exclude improperly obtained ev once concluded that admission would have adverse effect on fairness of proceedings
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What must the court attempt to balance?
The competing interests of the prosecution and defence.
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If admission of ev would only have limited degree of unfairness...
court may reason that interests of justice would be better served if ev was admitted
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Other cards in this set

Card 2

Front

Which legislation governs improperly obtained evidence?

Back

S78 Police & Criminal Evidence Act 1984

Card 3

Front

What is the principle set out in Latif?

Back

Preview of the front of card 3

Card 4

Front

Why do judges have a discretion to exclude relevant evidence?

Back

Preview of the front of card 4

Card 5

Front

What is the general rule for improperly obtained evidence?

Back

Preview of the front of card 5
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