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Legal Terms – Evidence Obtained Ilegally
Evidence acquired using unlawful methods. Under common law, evidence collected unlawfully (e.g., through a warrantless search of premises) was not inherently inadmissible; nonetheless, the court could use discretion to reject it if its adverse impact surpassed its probative worth. The Police and Criminal Evidence Act 1984 maintains this common law discretion and stipulates that the court may exclude evidence proposed by the prosecution if, considering all circumstances, including how the evidence was obtained, its admission would significantly compromise the fairness of the proceedings. In instances of unlawfully acquired evidence, the court will additionally consider the stipulations of the *European Convention on Human Rights and the *Human Rights Act 1998.
Evidence acquired using unlawful methods. Under common law, evidence collected unlawfully (e.g., through a warrantless search of premises) was not inherently inadmissible; nonetheless, the court could use discretion to reject it if its adverse impact surpassed its probative worth. The Police and Criminal Evidence Act 1984 maintains this common law discretion and stipulates that the court may exclude evidence proposed by the prosecution if, considering all circumstances, including how the evidence was obtained, its admission would significantly compromise the fairness of the proceedings. In instances of unlawfully acquired evidence, the court will additionally consider the stipulations of the *European Convention on Human Rights and the *Human Rights Act 1998.
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