Exclusion of any prosecution evidence

Question 1

Which section of PACE should be relied on to exclude any prosecution evidence?

Answer 1

s78

Question 2

Is s78 a mandatory or discretionary power?

Answer 2

Discretionary

Question 3

s78 - “The court ___ exclude prosecution evidence if having regard to all ___________, including the circumstances in which the evidence was ________, the admission of evidence would have such an _______ effect on ________ of proceedings that the court ought not to admit it.”

Answer 3

may, circumstances, obtained, adverse, fairness

Question 4

Can s78 be used in conjunction with s76?

Answer 4

Yes

Question 5

Give examples of prosecution evidence that may be excluded under s78?

Answer 5

• Confessions
• Identification evidence
• Hearsay
• Bad/good character evidence