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Re: CPS PACE 78/Evidence

PostPosted: Thu Mar 31, 2016 9:23 pm
by veritas2409
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

Re: CPS PACE 78/Evidence

PostPosted: Fri Apr 01, 2016 8:38 pm
by dls
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.'