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The first development in the field of English Criminal Law has been statutory. The decision in Sang on the admissibility of evidence obtained unfairly has been reversed by parliament by S.78 PACE 1984.
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The first development in the field of English Criminal Law has been statutory. The decision in Sang on the admissibility of evidence obtained unfairly has been reversed by parliament by S.78 PACE 1984. The judges play a vital role in so far as S.78 is concerned as they have the disreation to exclude evidence on which the prosecution proposes to rely if,having regards to all the circumstances, the admission of evidence would have such an adverse effect on the fairness of the proceeding that the court ought not to admit. In the Dworkinian sense there is no open discreation in S78.S78is a threshold discreation.Once the discreation is satisfied automatically courts no longer have the discreation. It is still unclear who bears the burden although Allen based on Owen v Vall says that the burden is on the Defendant-this is not conclusive yet. Adverse effect on the fairness of the proceeding...
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