Illegally Obtained Evidence in UK Law

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

  • Abdullah Bodhaniya v Crown Prosecution Service
    • Queen's Bench Division (Administrative Court)
    • 14 Mayo 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 Julio 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 Febrero 2003

  • L v L
    • Queen's Bench Division
    • 01 Febrero 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.

  • R v Smurthwaite ; R v Gill
    • Court of Appeal (Criminal Division)
    • 11 Agosto 1993

    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?

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

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Legislation
  • Salmon Fishery Act 1861
    • UK Non-devolved
    • 1 de Enero de 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 ... ...
  • Criminal Justice (International Co-operation) Act 1990
    • UK Non-devolved
    • 1 de Enero de 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
    • UK Non-devolved
    • 1 de Enero de 1876
  • 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 ... ...
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Books & Journal Articles
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Law Firm Commentaries
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