Application to adduce or exclude these types of evidence or any evidence under s78 PACE

Question 3

How does s78 PACE 1984 allow for the exclusion of evidence?

Answer 3

The court can exclude prosecution evidence if it would adversely affect the fairness of the proceedings, considering all circumstances. This exclusion isdiscretionary.

Question 4

What distinguishes s78 exclusion from exclusion based on other grounds?

Answer 4

Exclusion under s78 isdiscretionary(focused on fairness), while exclusion for mistake, untruth, oppression, or unreliability ismandatory.

Question 5

Under what circumstances is exclusion under s78 likely to be granted?

Answer 5

Exclusion is likely when police have significantly and substantially breached their duties under PACE in obtaining evidence, rendering it unreliable.

Question 6

What are examples of significant breaches that might lead to exclusion?

Answer 6

Examples include:
- Illegal searches
- Identification evidence obtained improperly
- Confessions obtained through coercion
- Covert surveillance conducted unlawfully
- Undercover operations that breach protocol