Evidence In Court (Unfair Or Prejudicial)

[cameronmorgan187]

According to P.A.C.E. 1984:

"In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it."

Does the trial judge decide on the fairness of evidence?

Does this mean that all evidence is ran past the judge before trial?

What would be an example of unfair or prejudicial evidence, other than obvious ones, search with a warrant, possible confession, breach of rules etc...

Thanks

Cameron

[Orderlimit]

Have a read (see PACE Sec 76 & subsections)

http://www.cps.gov.uk/legal/a_to_c/confession_and_breaches_of_police_and_criminal_evidence_act/

[Orderlimit]

oops

http://www.legislation.gov.uk/ukpga/1984/60/contents

[Orderlimit]

Cameron I'm struggling with internet connection but the 3 main areas ref illegally obtained evidence and confessions are confessions obtained by oppressive means and unreliable, confessions by mentally handicapped persons and entrapment issues

[cameronmorgan187]

Thanks OrderLimit, I'll check them out. Cheers

[Orderlimit]

Sorry about that Cameron.

Its probably easier to search the internet for "example cases exclusion of evidence section 78 pace" (or similar) as there will be lots of cases & case law regarding this area of law.

Identification procedures is another common one and of course the Human Rights Act.

Also have a look at "Plea and Case Management Hearings", re disputes , admissions and agreed facts.