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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70202
Experience:  Over 5 years in practice
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Hi uk law I have read some where that any evidence gained

Resolved Question:

Hi uk law
I have read some where that any evidence gained by illegal means can be ruled inadmissible in a court of law can any one please tell me where
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It depends on the circumstances. It isn't automatically inadmissible any more.
You can make an application to exclude it from the criminal courts under S78 PACE 1984 or try to stop the case by arguing abuse of process. In either case, the application very rarely succeeds.
In the civil courts you can try to exclude it but it doesn't often happen.
It depends on how bad the illegality is and how probative the evidence is but the days have long gone when there was any automatic exclusion.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I have been going through pace and i have over 50 breaches of code c

Expert:  Jo C. replied 2 years ago.
They are always breaching PACE. That does not mean any evidence will be excluded. The days when that used to happen often have long gone.