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Law of Evidence

S/L/114. Has the judge erred in refusing to use his discretion pursuant to s.78 of the Police and Criminal Evidence Act 1984 in allowing the admission of the DNA evidence?

WORDS:: 3000
DATE:: 2006
PRICE:: 39.99 GBP

This paper examines the judicial discretion a judge has under the common law and s.78 of the Police and Evidence Act 1984. It addresses a problem scenario where the decision of a trial judge to admit improperly obtained DNA evidence was challenged by Appeal. The essay addresses case law and relevant case law, as well as a critique of the approach taken by courts. The admission of improperly obtained evidence is also considered in light of ECHR rights, particularly incorporated under the Human Rights Act 1998, and ECHR jurisprudence.

KEYWORDS: DNA, evidence, PACE Act 1984, exclusion of evidence, judicial discretion,

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