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what section does excluding unfair evidence fall under
s78
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.
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.
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.