Illegally Obtained Evidence in UK Law
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Fox v Chief Constable of Gwent
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Abdullah Bodhaniya v Crown Prosecution Service
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The facts of this case, where on any view the constable concerned bent over backwards to try to assist the appellant in difficult circumstances, provides an example where exclusion under section 78 would not have been appropriate. The facts of this case, where on any view the constable concerned bent over backwards to try to assist the appellant in difficult circumstances, provides an example where exclusion under section 78 would not have been appropriate.
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R v Sang (on Appeal from HM Court of Appeal (Criminal Division))
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It is no part of a judge's function to exercise disciplinary powers over the police or prosecution as respects the way in which evidence to be used at the trial is obtained by them.
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Jones v University of Warwick
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L v L
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It is frequent in matrimonial disputes for one party (in this case the wife) to suspect that the other party is about to destroy documents, or conceal information which is, or may be, relevant to the proceedings, and to do so with a view to preventing her from obtaining from the court the financial provision to which she claims to be entitled.
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R v Smurthwaite ; R v Gill
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In exercising his discretion whether to admit the evidence of an undercover officer, some, but not an exhaustive list, of the factors that the judge may take into account are as follows: Was the officer acting as an agent provocateur in the sense that he was enticing the defendant to commit an offence he would not otherwise have committed? How active or passive was the officer's role in obtaining the evidence?
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Imerman v Tchenguiz and Others
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Salmon Fishery Act 1861
... ... shall apply to any Person who may have obtained such Young of Salmon for artificial Propagation ... containing ... such Order shall be Evidence of the same having been made ... For the ... on any Premises, or any Salmon illegally taken or any illegal Nets or other Engines to be ... ...
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Criminal Justice (International Co-operation) Act 1990
... ... Mutual provision of evidence ... F1 3: Overseas evidence for use in United ... purposes of that Act as if he has then illegally entered the United Kingdom; and ... No information obtained pursuant to the regulations shall be disclosed ... ...
- Customs Consolidation Act 1876
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Public Houses Acts Amendment (Scotland) Act 1862
... ... not to be granted without a Certificate obtained under this Act. 5 Licences not to be granted ... aforesaid finding shall be sufficient Evidence and Authority for decerning for the Amount ... or Premises, or that such Liquors are illegally kept for Sale or for the Purpose of being ... ...
- Illegally obtained Evidence and the New South Wales Police Tapes
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Exclusion of evidence in times of mass surveillance. In search of a principled approach to exclusion of illegally obtained evidence in criminal cases in the European Union
The article discusses the rationales for excluding illegally obtained evidence in criminal cases starting from two recent judgments of the European Court of Justice on mass data collection. The two...
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The Exclusion of Evidence Illegally or Improperly Obtained: An Unsatisfactory Answer to an Unstated Question
The law with respect to the exclusion, in a criminal trial, of evidence which is relevant and otherwise admissible against an accused because it was illegally or improperly obtained is far from cle...
- Excluding Evidence Illegally Obtained: American Idiosyncracy and Rational Response to Social Conditions
- Evidence - What Happens When Evidence is Obtained Illegally?
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Evidence Obtained By Hacking Or Torture ' Michael Drury, Caroline Mair And Andrew Watson Write For Lawyer Monthly
... ... 151. But what bearing does this decision have on the admissibility ... of illegally obtained evidence in criminal proceedings, especially ... if sought to be deployed by a defendant? And does this case in any ... way erode the ... ...
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Do Two Wrongs Ever Make A Right When It Comes To Evidence Obtained By Hacking Or Even Torture?
... ... University of Warwick [2003] EWCA Civ 151. But what ... bearing does this decision have on the admissibility of illegally ... obtained evidence in criminal proceedings, especially if sought to ... be deployed by a defendant? And does this case in any way erode the ... ...
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Civil Interim Measures In England **
... ... it is necessary to have sufficient evidence to bring valid claims against D and sufficient ... other relevant considerations namely, illegally obtained evidence and the privilege against ... ...