Exclusion of Evidence (PACE 1984, s.76 & s.78)

Question 1

When can confession evidence be excluded under s.76 PACE?

Answer 1

If obtained through oppression or unreliable due to something said/done.

Question 2

When can evidence be excluded under s.78 PACE?

Answer 2

If its admission would have an adverse effect on the fairness of proceedings.

Question 3

What factors will the court consider?

Answer 3

Breaches of PACE Codes of Practice (e.g., no legal advice given). Code C (detention) or Code D (interview)).
Code E - requires audio recording of interviews at police stations where the suspect is not legally represented (unless impractical).

Unfair tactics by police.

Impact on fairness of trial.