Evidence Obtained Illegally

Evidence Obtained Illegally in United Kingdom

Definition of Evidence Obtained Illegally

In accordance with the work A Dictionary of Law, this is a description of Evidence Obtained Illegally : Evidence obtained by some means contrary to law. At common law, if evidence was obtained illegally (e.g. as a result of a search of premises without a search warrant), it was not inadmissible but the court might exclude it as a matter of discretion. The Police and Criminal Evidence Act 1984 provides that the court may refuse to allow evidence on which the prosecution proposes to rely if the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. The *Human Rights Act 1998 and the cases now being decided under its provisions have left the previous law in some doubt.

See also confession.


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