Law Evidence Exclusion Principles

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Questions and Answers

What may lead to the exclusion of evidence obtained from an accused person?

Evidence collected after a formal charge has been made

Evidence collected with a valid search warrant

Evidence obtained in a manner contrary to an accused's express wishes (correct)

Evidence obtained during a routine traffic stop

Which of the following breaches is considered 'significant and substantial' under section 78?

An officer's assumption about a suspect's confession

Failure to caution a suspect and provide legal advice (correct)

Obtaining evidence with the suspect's verbal consent

A minor record-keeping error in administrative files

Which circumstance might allow evidence to remain admissible despite a lack of a caution?

When the interview was recorded in front of a witness

When the accused was informed of their rights prior to the interview

When the evidence is crucial for public safety

When the officer believes no crime was committed during the interview (correct)

What is one of the common categories of evidence that may be subject to exclusion under section 78?

Evidence obtained through significant breaches of PACE Codes Signup and view all the answers

What is the role of trial judges regarding evidence obtained inappropriately?

They have discretion to disallow evidence under specific breaches Signup and view all the answers

Which of the following best describes the term 'safety interviews' related to evidence admissibility?

Interviews aimed at ensuring the protection of the public Signup and view all the answers

What must an accused demonstrate for evidence to be excluded under s. 78?

That the admission of the evidence would adversely affect fairness based on the balance of probabilities Signup and view all the answers

In the context of the PACE Codes, which action would not typically result in evidence exclusion?

Providing a suspect with an opportunity to rectify their statements Signup and view all the answers

Under what condition might a breach of the Judges' Rules be infrequently exercised for evidence exclusion?

When it involves significant procedural imperfections Signup and view all the answers

Under what circumstances may the Court of Appeal interfere with a trial judge's decision to admit evidence under s. 78?

If the decision is deemed perverse Signup and view all the answers

Which of the following statements about breach of PACE codes is true?

Breaches do not necessarily trigger exclusion if not prejudicial to the accused Signup and view all the answers

What must the court consider when determining the admissibility of evidence?

The impact of admission on the overall justice of the case Signup and view all the answers

In a situation where confession evidence is being questioned, what must the accused focus on to argue for exclusion?

The circumstances of how the confession was obtained and its fairness Signup and view all the answers

Which best explains the significance of Delaney (1988) in the context of confession evidence?

It clarified that a breach of PACE codes does not automatically lead to rejection of evidence. Signup and view all the answers

What is the role of the judge in determining the admissibility of confession evidence?

To balance the necessity of the evidence against its potential to prejudice the trial Signup and view all the answers

Which principle guides the court in deciding whether to admit evidence obtained through breaches of protocols?

The question of whether the evidence’s admission would unfairly impact the accused Signup and view all the answers

What is the primary reason a judge may choose to exclude evidence even if it is technically admissible?

The evidence may be gravely prejudicial to the accused. Signup and view all the answers

Under which condition does a judge have discretion to exclude confession evidence at common law?

When the prejudicial effect outweighs the true probative value. Signup and view all the answers

What does Section 82 of the Act imply about the court's power in excluding evidence?

The court can exclude evidence at its discretion despite other statutory provisions. Signup and view all the answers

What is a key limitation regarding the trial judge's discretion in admitting relevant evidence?

They have no discretion to refuse relevant admissible evidence obtained through improper means. Signup and view all the answers

In what scenario is it most likely that common-law powers for excluding confession evidence will be used?

When the judge realizes post-admission that the confession should not have been allowed. Signup and view all the answers

Which of the following is NOT a recognized context for the exclusion of confession evidence?

Confession evidence made without any legal counsel present. Signup and view all the answers

What is the role of Section 78 of PACE 1984 regarding evidence?

It allows for the exclusion of evidence in certain circumstances to ensure fairness. Signup and view all the answers

What is a fundamental aspect distinguishing admissibility from weight in legal evidence?

Admissibility refers solely to procedural rules, while weight relates to relevance and reliability. Signup and view all the answers

What must a judge consider when determining the admissibility of prosecution evidence?

The prejudicial effect on the jury Signup and view all the answers

Which statutory provision allows a court to exclude otherwise admissible evidence of the accused's bad character?

CJA 2003, s. 101(3) Signup and view all the answers

Which statement about oppressive conduct and the exclusion of evidence is true?

The degree of oppressive conduct may influence the decision to admit evidence. Signup and view all the answers

What type of statements does CJA 2003, s. 126 allow a court to exclude?

Hearsay statements from both prosecution and defense Signup and view all the answers

In the context of common law, which claim is true regarding inadmissible evidence?

There is no authority for admitting evidence that is inadmissible under the law. Signup and view all the answers

What is the main consideration for a judge when checking if evidence should be admitted?

Whether it serves the interests of justice Signup and view all the answers

Which section of PACE 1984 provides a framework for the exclusion of certain types of evidence?

Section 78 Signup and view all the answers

When exercising discretion to exclude evidence, what must judges weigh?

The probative value against its prejudicial effect Signup and view all the answers

What is the main test for evidence exclusion under section 78(1)?

Take into account all circumstances surrounding how the evidence was obtained. Signup and view all the answers

In what way does section 78(1) differ from the common-law powers described in Sang?

Section 78(1) can exclude a wider range of evidence not confined to admissions. Signup and view all the answers

Which of the following factors does NOT influence the court's decision to exclude evidence under section 78(1)?

Previous convictions of the accused. Signup and view all the answers

Which statement about the breach of the ECHR in relation to evidence exclusion is true?

Breach of the ECHR does not automatically lead to exclusion; case specifics matter. Signup and view all the answers

What role do the PACE codes, particularly Code C, play in evaluating evidence exclusion under section 78(1)?

They offer principles that assist in considering discretion to exclude evidence. Signup and view all the answers

What is the implication of a police officer not being charged with investigating offences in the context of evidence exclusion?

It has no bearing on the exclusion of evidence under section 78(1). Signup and view all the answers

In considering the exclusion of evidence under section 78(1), which of the following is essential?

The integrity of the judicial process. Signup and view all the answers

What is the consequence of improper or unfair methods used to obtain evidence in criminal proceedings?

The admissibility of evidence can be challenged based on those methods. Signup and view all the answers

Study Notes

Evidence and Exclusion

Evidence obtained through 'oppressive' conduct does not automatically lead to exclusion; its fairness must be assessed in context.
Courts can exclude specific types of admissible evidence based on statutory provisions, providing flexibility beyond PACE 1984, s. 78(1).
CJA 2003, s. 101(3) allows discretion to exclude evidence of the accused's bad character based on particular factors in s. 101(4).
CJA 2003, s. 126 gives discretion to exclude hearsay statements adduced by both prosecution and defense.

Judicial Discretion

Judges do not have the inherent power to admiss evidence that is otherwise inadmissible; however, they can exclude admissible prosecution evidence if its prejudicial effect outweighs its probative value.
The judge must evaluate if the evidence is substantial enough for admission in the interest of justice.
Evidence obtained through oppressive means or improper conduct may be disallowed if it operates unfairly against the accused.

Breaches of PACE Codes

Significant breaches of PACE Codes may lead to evidence exclusion, even without bad faith.
Common breaches include failure to caution, maintain proper interview records, and provide legal advice rights.
Absence of caution during an interview can often be significant, although exceptions exist if no offense is suspected.

Section 78 Context

The exclusion of evidence under s. 78 requires assessing whether its admission adversely affects trial fairness.
Breach of PACE Codes alone does not guarantee exclusion; the impact of such breaches must be evaluated on a case-by-case basis.
An accused cannot leverage a breach meant to protect another suspect without a causal link to their admission.

Common Law Discretion

Common law allows exclusion of unreliable confessions if their prejudicial effects outweigh probative value.
Judges possess a discretion preserved by s. 82(3) for scenarios where circumstances post-admission suggest evidence should be excluded.

Situations for Exclusion

Discretion to exclude relevant evidence does not generally apply to improperly or unfairly obtained evidence, except in cases of admissions and confessions.
Section 78(1) allows for the exclusion of evidence obtained by improper means, irrespective of bad faith.
Courts evaluate all circumstances regarding the obtaining of evidence, which can include violations of rights under ECHR or the 1984 Act.

Evaluation of Circumstances

To determine exclusion under s. 78, courts must assess all aspects of the evidence acquisition process.
Unlawful or improper conduct impacting evidence may lead to exclusion; each case must be considered based on its unique facts.

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Description

This quiz explores the legal principles surrounding the exclusion of evidence obtained through oppressive conduct, contrasting it with the provisions under PACE 1984. It delves into the implications of court discretion in excluding specific types of evidence. Test your understanding of legal standards and their applications.