Topic

Should the discretion under s78 PACE be structured and should there be a presumption of exclusion?

Authors

D Ormerod and D Birch

Viewpoint

The authors set out the arguments for and against a statutory adoption of a more structured approach to exclusion of evidence. One risk of a structured approach is that it might be resisted by the judiciary and signal a return to the common law discretion.

Source

‘Evolution of the Discretionary Exclusion of Evidence’ [2004] Crim LR 138