Evidence in breach of the EU-Charter

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General rule - Evidence in breach of the Charter

It should be treated as unconstitutionally obtained evidence (People (DPP) v Doherty)

WHY?

  • Because of the supremacy of EU-law

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Example of evidence obtained in breach of the Charter

Dwyer v Commissioner of an Garda Síochána [2020]

  • A man vas convicted largely due to phone data.

  • The data had been obtained in breach with art. 7&8 of the Charter (privacy and data protection)

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Christer

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