F2.10 – s78 PACE: Application to Evidence Obtained Unlawfully, Improperly or Unfairly

Question 1

How does s78 extend the common law powers?

Answer 1

By reason of its potential for the exclusion of evidence obtained unlawfully, improperly or unfairly.

Question 2

What are the common law powers relating to evidence obtained by unlawful, improper or unfair means restricted to?

Answer 2

Admissions, confessions and other evidence obtained from the accused after the commission of the offence (Sang [1980] AC 402: see F2.45)

Question 3

What does s78 extend the common law powers relating to evidence obtained by unlawful, improper, or unfair means to include?

Answer 3

ANY evidence obtained illegally or by improper or unfair means AND ON WHICH THE PROSECUTION SEEK TO RELY, whether obtained from the accused, his or her premises or from any other source.