Improperly Obtained Evidence Flashcards
Courts can stay proceedings as abuse of process where:
(I) fair trial impossible or
(Ii) contrary to pub interest in integrity of crim justice system should trial take place
Latif; shazhard
Chalkley
Reliability of evidence is key in determining admissibility
Secret tape recordings made in beach of PACE and art 8 admitted as highly probative
Allan v UK
Evidence extracted from D by informant in cell held inadmissible as psychological pressure. Conversations between fellow prisoner and friend visiting not excluded
Teixera de Castro v Portugal
2 officers asked known dealer to obtain heroin. Mentioned D who eventually obtained drug then convicted. Beach of art 6
Williams and O’Hare
Left van open with cigarettes. Two men helped themselves and convicted. Convictions upheld as acted lawfully and no incitement
Smurthwaite
Evidence excluded under s 78 if has necessary adverse effect on fairness:
Was officer acting as agent provocateur?
Nature of entrapment
Active or passive officers role
Looseley
Central q for entrapment is whether actions of police so seriously improper as to bring admin of justice into disrepute.
Did officer do no more than present D with unexceptional opportunity?
Unfair if officer lured, incited or pressurised into committing crime would not otherwise have committed
Khan v UK
Police planted listening device in property frequented by dealer. No stat authority.
Violation of art 8 but not 6. Admissibility generally matter for Dom courts
Sometimes, unlawfully obtained evidence so cogent to refuse to admit it would be affront to justice
AGs Ref (No 3 of 1999): DNA should have been destroyed but held admissible
Sharp stance on protection of legal professional privilege: trial stayed or evidence excluded even if fairness not affected
Grant; police secretly recorded conversation of D and solicitor. Trial stayed
Sang
No defence of entrapment
