Illegally Obtained Evidence in UK Law

Leading Cases
  • Fox v Chief Constable of Gwent
    • House of Lords
    • 17 Oct 1985

    It is a well established rule of English law, which was recognised in Reg. v. Sang, that (apart from confessions as to which special considerations apply) any evidence which is relevant is admissible even if it has been obtained illegally. In Kuruma v. The Queen [1955] A.C. 197, Lord Goddard C.J. said, at p. 203:

  • Abdullah Bodhaniya v Crown Prosecution Service
    • Queen's Bench Division (Administrative Court)
    • 14 May 2013

    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.

  • R v Sang (on Appeal from HM Court of Appeal (Criminal Division))
    • House of Lords
    • 25 Jul 1979

    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.

  • Jones v University of Warwick
    • Court of Appeal (Civil Division)
    • 04 Feb 2003

    Fortunately, in both criminal and civil proceedings, courts can now adopt a less rigid approach to that adopted hitherto which gives recognition to the fact that there are conflicting public interests which have to be reconciled as far as this is possible.

  • R v McEvilly
    • Court of Appeal (Criminal Division)
    • 13 Dic 1973

    There is no doubt, in the view of this Court, but that that evidence was admissible. It is well-established that in certain classes of case evidence may be admissible: yet its probative value may be minimal and its prejudicial effect enormous. In such cases a Judge, in the interests of securing a fair trial and of avoiding prejudice against a defendant, should exercise the discretion which he has to exclude such evidence.

  • Imerman v Tchenguiz and Others
    • Court of Appeal (Civil Division)
    • 29 Jul 2010

    It is of the essence of the claimant's right to confidentiality that he can choose whether, and, if so, to whom and in what circumstances and on what terms, to reveal the information which has the protection of the confidence.

  • L v L
    • Queen's Bench Division
    • 01 Feb 2007

    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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Legislation
  • Criminal Justice (International Co-operation) Act 1990
    • UK Non-devolved
    • 1 de Enero de 1990
    ......of giving evidence in criminal proceedings,. . . may be issued or ...is to be obtained; or. . . (b) to any authority recognised by the ...he has then illegally entered the United Kingdom;. and. . . (b) the ......
  • Salmon and Freshwater Fisheries Act 1975
    • UK Non-devolved
    • 1 de Enero de 1975
    ...... development of a private fishery and has obtained the. previous permission in writing of the water ..., freshwater fish or eels to have been illegally taken, or. any illegal nets or other instruments ...the Minister of evidence of his appointment shall be a sufficient. warrant ......
  • Public Houses Acts Amendment (Scotland) Act 1862
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Fisheries (Ireland) Act 1842
    • UK Non-devolved
    • 1 de Enero de 1842
    ...... and such Certificate shall be conclusive Evidence of such Registration, and the Number, Mark, or ..., or an attested Copy of such Decision, obtained from the Office of the Clerk of the Peace with. ..., and Instruments whatsoever when used illegally, and to do all such other Acts and Things as he ......
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Books & Journal Articles
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Law Firm Commentaries
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