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Should Evidence Be Excluded if Obtained Improperly by the Police - Term Paper Example

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The author of this paper discusses the admissibility of illegally obtained evidence presented by the police authorities to the courts of justice in line with the provisions of the Police and Criminal Evidence Act 1984 (PACE), particularly S. 78 and S. 76…
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Should Evidence Be Excluded if Obtained Improperly by the Police
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Download file to see previous pages The boundaries between its strict application and exercise of discretion shall be presented for the purpose of shedding more light to the public. It will include an examination of all relevant decisions of the courts so that the factors affecting the exercise of discretion could be clearly identified. It will also include a study of connecting the policies with the actual practice in courts. Thus, legal as well as practical recommendations shall be made in the end.
As a general rule, criminal laws are enacted in order to protect the society from unscrupulous elements of the law and vindicate the rights of the victims, which have been violated by the suspects. These laws lay down the specific acts which, when committed, create a demandable right, both on the state and the individual, to pursue the suspect and indict him for the malfeasance committed. Thus, justice on the part of the victim could be obtained by merely proving the existence of probable cause against the suspect so that the police authorities could immediately act and apprehend the suspect for prosecution and trial.
On the other hand, , as well as the reasons behind the grant of discretion to the judge,criminal procedure as embodied in the Police and Criminal Evidence Act 1984 (PACE) lays down the policies as well as the limitations to be observed by the police that will serve as guidance to the magistrates who will handle the case. One of the issues embraced therein is the admissibility of evidence procured by the police thru means not sanctioned by law. In short, the question is whether or not the court, for purposes of convicting the accused, should accept the evidence illegally obtained by the police authorities.  ...Download file to see next pagesRead More
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