U4. Exclusion of Evidence

Question 1

What is s.78 of the Police and Criminal Evidence Act?

Answer 1

Gives the Court a Discretionary Power to exclude any prosecution evidence that would have an adverse effect on the fairness of the proceedings - (make the trial unfair)

Very Broad!

Question 2

What does ss.76 of PACE relate to?

Answer 2

Confession Evidence

The Court MUST exclude any confession evidence obtained through

1- oprresion
2- anything rendering confession unreliable

Question 3

What is s.101 of the Criminal Justice Act?

Answer 3

Defendant Bad Character Evidence

-The gateways to admit Defendant Bad Character evidence

-Courts Power to exclude

Question 4

What is s.100 of the Criminal Justice Act?

Answer 4

NON Defendant Bad Character Evidence

• 3 gateways for admitting

Question 5

What powers do th Court have to exclude evidence under common law powers?

Answer 5

1. • The Courts have a discretionary power to exclude anything with a prejudicial effect on the arbiter of facts mind, which outweighs any probative value of the evidence

2 - The Courts have a discretionary power to exclude any evidence not relevant