EXCLUDING UNFAIR EVIDENCE – PACE 1984

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4 Terms

1
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what section does excluding unfair evidence fall under

s78

2
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R v Khan (1996)

facts: the police covertly recorded in the suspects home

legal principle: Illegally obtained evidence can still be admitted if its use doesn’t make trial unfair.

3
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R v Chalkley (1998)

facts: the police made secret recordings in a cell

legal principle: Evidence may still be admissible if fairness to the defendant isn’t prejudiced.

4
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r v sang 1980

facts: general rule on evidence before PACE  

legal principle: Confirms judicial discretion to exclude evidence obtained unfairly — forms basis for s78 PACE.