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CPS PACE 78/Evidence

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Re: CPS PACE 78/Evidence

Postby veritas2409 » Thu Mar 31, 2016 9:23 pm

I understand that unlawfulness by the police doesn't necessarily exclude anything but in this case they have already agreed to exclude the contents of the search. Off course if the contents of that search produced very damning evidence a UK court would include the evidence , where I think the US would exclude.

Going to back to the original point , why would the CPS not fight a PACE 78 application if is to exclude evidence it relies upon
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Re: CPS PACE 78/Evidence

Postby dls » Fri Apr 01, 2016 8:38 pm

why would the CPS not fight a PACE 78 application if is to exclude evidence it relies upon


It is perfectly possible and logical to say to the judge, 'we propose its admission, but choose not to argue the point further.'
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