Excluding Evidence III

Question 1

What is s78 PACE?

Answer 1

Primary route for D to apply for exclusion of evidence if adversely affect fairness

Question 2

What is legal test for s78?

Answer 2

If admission would have such an adverse effect on the fairness of proceedings that the court ought not to admit it

Question 3

What are common grounds for s78 applications?

Answer 3

1) Denial of legal advice
2) Failure to caution
3) Breach of Human Rights
4) Inappropriate questioning
5) No appropriate adult

Question 4

What must the breach be to be excluded under s78?

Answer 4

Significant and substantial

Question 5

What discretion does the trial judge have on s78?

Answer 5

To exclude based on overall unfairness

Question 6

Do substantial breaches automatically lead to exclusion?

Answer 6

No

Question 7

When should a s78 application be made?

Answer 7

Before trial or at trial start or just before prosecution seeks to adduce disputed evidence

Question 8

Where should s78 application be made?

Answer 8

In defence statement

Question 9

Where is a s78 application heard?

Answer 9

In a voir dire in Crown Court – absence of jury