9.8: Exclusion of Evidnece

Question 1

Significance of s 78 of PACE

Answer 1

s 78 of PACE 1984 provides court with discretion to exclude evidence that CPS wants to rely on it ‘the admission of such evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it’

Question 2

Establishing that evidence should be excluded under s 78 PACE: Steps

Answer 2

1. Evidence is relevant to charge faced by the defendant
2. Evidence has been improperly obtained - via a significant and substantial breach of PACE / CoP
3. The matter in which the evidence was obtained costs doubt on its reliability
4. Court can now exercise its discretion to exclude or admit evidence

Question 3

If a defendant tries to get evidence excluded under s 78 PACE and is unsuccessful - how else can they challenge the reliability of the evidence?

Answer 3

Their advocate can challenge the evidence during cross-examination and while giving their own evidence