Unconstitutionally Obtained Evidence in UK Law
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Overruling the protectionist exclusionary rule
In April 2015 the Irish Supreme Court held, in DPP v JC, that the rather strict exclusionary rule relating to unconstitutionally obtained evidence which had operated in that jurisdiction for the pa...... ... exclusionary rulerelating to unconstitutionally obtained evidence which had operated in that ... ...
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Exclusion of Evidence: DPP (Walsh) v Cash
... ... , Dublin City UniversityKeywords Exclusionary rule; Improperly obtained evidence; Fingerprintevidence; Police investigations; Irelandn January ... has operated in Ireland for many years in thecontext of unconstitutionally obtained evidence. While he ultimately held thatthe rule was inapplicable ... ...
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The Admissibility in Seychelles of Improperly Obtained Fingerprint Evidence: A Comment on Jean François Adrienne & Another v. R (Criminal Appeal SCA25 & 26/2015) [2017] SCCA 25 (11 AUGUST 2017)
... ... The notable feature of the Constitution's specific exclusionary provision is that it does not provide for automatic exclusion of unconstitutionally obtained evidence. Evidence must be excluded only if it (a) renders the trial unfair; or (b) is otherwise detrimental to the administration of ... ...
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The admissibility of evidence obtained through human rights violations in Zambia: Revisiting Liswaniso v The People (1976) Zambia Law Reports 277
In the 1976 case of Liswaniso v The People, the Zambian Supreme Court held that illegally obtained evidence is admissible as long as it is relevant. Since then, unsuccessful attempts have been made...... ... through violating human rights.Keywordsadmissibility, human rights violation, illegally obtained evidence, Liswaniso v The People,unconstitutionally obtained evidence, ZambiaIntroductionThe 1976 Zambian Supreme Court decision of Liswaniso v The People1is the leading authority in thatcountry on the ... ...
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The Scope of Appeals to the Irish Supreme Court under s. 23 Criminal Procedure Act 2010 and the Exclusionary Rule
... ... appeals, exclusion of evidence, IrelandGarda were investigating a series of ... prosecutionaccepted that any evidence obtained as a result of the search should be excluded, it ... courts are obliged toexclude unconstitutionally obtained evidence by reason of their duty under ... ...
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The Exclusion of Improperly Obtained Evidence in Greece: Putting Constitutional Rights First
In contrast with England and Wales, where there is a discretion to exclude improperly obtained evidence, exclusion in Greece is automatic. Article 177 para. 2 of the Code of Penal Procedure mandate...... ... automatic exclusionary rules in GreeceGiven that the first Arios Pagos (Cassation Court of Greece) decision prohibitingthe use of unconstitutionally obtained evidence dates back to 1871,7abriefhistorical review is in order. Hellenic law on improperly obtained evidence has182 E & PEXCLUSION OF ... ...
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Comparative procedural traditions
Diverse criminal procedural traditions across Europe are undergoing a process of being drawn to gether by two strong forces: the EU Area of Freedom, Security and Justice and the European Court of H...... ... The International Journal of ... Evidence" & Proof ... Comparative procedural ... 2016,\xC2" ... the admissibility of illegally obtained evidence. The reforms in this ... evidence rules and unconstitutionally ... ...
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Crime control, the security state and constitutional justice in Ireland
It is clear that Ireland has witnessed evidence of a ‘tooling up’ of the state in the fight against crime over the last two decades. Crime control analyses—often relying upon the use of stark juxta...... ... is clear that Ireland has witnessed evidence of a tooling up of the state in the fight ... confessions,4theexclusion of unconstitutionally obtained evidence5and the right to ... ...
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Hearsay, Bad Character and Trust in the Jury: Irish and English Contrasts
This article will consider the extent to which the exclusionary common law rules relating to hearsay and bad character, which existed for hundreds of years in England and Wales and still apply in I...... ... of jurors toevaluate these two types of evidence. The capacity for different approaches tocertain ... rule relating tounconstitutionally obtained evidence, which is firmly rooted in the rationale ... Daly, Unconstitutionally Obtained Evidence in Ireland: ... ...
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Improperly Obtained Evidence in the Commonwealth: Lessons for England and Wales?
English law's traditional approach to the admissibility of improperly obtained evidence is currently being rethought in response to a range of domestic and international pressures. With the positio...... ... Penney, TakingDeterrence Seriously: Excluding Unconstitutionally Obtained Evidence under Section 24(2) of theCharter (2004) 49 McGill Law Journal 105; M. C. Plaxton, Who Needs Section 24(2)? Or: Common ... ...
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