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The trial judge will have to consider whether, in view of the circumstances in which this evidence was obtained, he should exercise the discretion which he has under s.78 of Police and Criminal Evidence Act 1984
Member rating: No Rating | Words: | Submitted: Thu Aug 14 2003
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ANSWER TO THE Q: NO: 2 The present scenario is so pregnant with possible evidential issues that it necessitates a systematic consideration of each in an understandable and workable manner. Thus the present examination of possible evidential issues will proceed based on a chronological manner in keeping with the sequence of events in the scenario, such as admissibility of the recorded conversation between Bill and Charles during covert surveillance, Charles's confession and Bill's confession. The first question that arises is whether the information obtained during covert surveillance will be admissible. The trial judge will have to consider whether, in view of the circumstances in which this evidence was obtained, he should exercise the discretion which he has under s.78 of Police and Criminal Evidence Act 19841 to exclude evidence of what was found on the ground that its admission would so adversely affect the fairness of the proceedings that it...
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