Unfairly & Illegally Obtained Evidence: Case Cards

  • Created by: SammiO
  • Created on: 18-05-18 08:46
R v Rennie
Prosecution must prove that a confession is voluntary and not made in response to inducements or pressure.
1 of 15
A v Secretary of State for the Home Department
Evidence obtained by torture is inadmissible without exception.
2 of 15
Lobban v R
Section 78 applies to any evidence on which the prosecution proposes to rely, although it does not apply to evidence tendered by an accused or co-accused.
3 of 15
Charlton
If the defence raise the issue of exclusion under s78, they bear the burden of persuasion.
4 of 15
Khan (Sultan)
The key issue under s78 is not the unlawfulness itself but its effect taken as a whole upoin the fairness of the proceedings - it is merely a consideration to be taken into account.
5 of 15
Khan v UK / Chalkley v UK / Perry v UK
Court held that a breach of Article 8 is merely a factor to be taken into consideration but will not necessarily lead to a breach of Article 6.
6 of 15
Smurthwaite and Gill
Factors relevant to s78 discretion: whether police were acting as agent provocateurs, the nature of the entrapment, whether evidence was of completed offence or commission of offence, whether there is an unassailable record.
7 of 15
Loosely (Conjoined)
D was known to frequent and sell drugs in a particular pub. Undercover officer asked him to obtain a couple of bags of heroin. Conviction upheld.
8 of 15
Attorney-General's Reference (Conjoined)
Same facts as Loosely but undercover officer offered contraband cigarettes as an incentive. The trial judge agreed this was an abuse of process as he was persuaded to commit the offence.
9 of 15
Teixeira de Castro v Portugal
Police officers, without correct authorisation or supervision, persuaded D to obtain drugs. there was no unassailable record. Court held Art 6 had been breached since no authorisation, no record and D was persuaded.
10 of 15
Nottingham County Council v Amin
Two undercover employees hailed a taxi (not licenced to be hailed). Court held this was not an 'exceptional opportunity' and there was no entrapment as D was not persuaded in any way.
11 of 15
R v Jones
Undercover officer pretended to be 12 year girl via communications - D made various offers and attempted to engage in sexual activity. Court ruled there was no entrapment since D would have committed the offence regardless.
12 of 15
Williams v DPP
Police filled van with fake cigarette packets and parked it in an area with reports of theft - D stole from the van. Court held that although it was a sting operation, there was no unfairness to D and he was properly convicted.
13 of 15
Shannon
Tabloid reporter posed as Arab Sheikh. D prosecuted for supplying drugs based on sting operation. CA held conviction was fair although there was elements of enticement.
14 of 15
Latif & Shahzad
To obtain evidence of illegal importation, customs officer went undercover and engaged in criminal activity. HL did not think the trial should be stayed on grounds of abuse of process regardless of the officers activity.
15 of 15

Other cards in this set

Card 2

Front

Evidence obtained by torture is inadmissible without exception.

Back

A v Secretary of State for the Home Department

Card 3

Front

Section 78 applies to any evidence on which the prosecution proposes to rely, although it does not apply to evidence tendered by an accused or co-accused.

Back

Preview of the back of card 3

Card 4

Front

If the defence raise the issue of exclusion under s78, they bear the burden of persuasion.

Back

Preview of the back of card 4

Card 5

Front

The key issue under s78 is not the unlawfulness itself but its effect taken as a whole upoin the fairness of the proceedings - it is merely a consideration to be taken into account.

Back

Preview of the back of card 5
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