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Criminal Litigation

Criminal Litigation (17th edn)

Lisa Mountford and Martin Hannibal
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date: 04 October 2022

p. 1006. Challenging Unlawfully and Unfairly Obtained Evidencelocked

p. 1006. Challenging Unlawfully and Unfairly Obtained Evidencelocked

  • Martin Hannibal
  •  and Lisa Mountford

Abstract

This chapter examines the court’s powers to exclude unlawfully or unfairly obtained prosecution evidence by examining the position in relation to confession evidence excluded under ss. 76 and 78 Police and Criminal Evidence Act (PACE) 1984; and other prosecution evidence excluded at common law, under s. 78 PACE 1984, and as an abuse of process.

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