Deck 8: Improperly Obtained Evidence

Question 1

Entrapment is a complete defence in English law. English law does not recognise entrapment as any form of defence.

Answer 1

False

Question 2

Which of the following forms of prosecution evidence can be excluded under s.78 of P.A.C.E.?Section 78 of P.A.C.E. allows the judge to exclude, ""evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.""

A)Confessions
B)Identification evidence
C)Bad character
D)Hearsay

Answer 2

A, B, C, D

Question 3

Which of the following forms of prosecution evidence can be excluded under s.78 of P.A.C.E.? Section 78 of P.A.C.E. allows the judge to exclude, ""evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.""

A)Confessions
B)Identification evidence
C)Bad character
D)Hearsay

Answer 3

A, B, C, D

Question 4

Which of the following forms of prosecution evidence can be excluded under s.78 of P.A.C.E.? Section 78 of P.A.C.E. allows the judge to exclude, ""evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.""

A)Confessions
B)Identification evidence
C)Bad character
D)Hearsay

Question 5

Under CPR Rule 32, a court may control evidence by giving directions as to what? Under the CPR generally, the Courts have a very broad discretion as to evidence.

A)Track allocation
B)Time-limits
C)The issues on which it requires evidence
D)All of the above

Question 6

Permission for intrusive surveillance, provided it is proportionate and necessary, may be granted in which of the following circumstances? Regulation of Investigatory Powers Act 2000, s.32(3)

A)For the purpose of preventing or detecting serious crime
B)For verifying the truth of a defendant's confession
C)For verifying police intelligence
D)None of the above

Question 7

Which article of the E.C.H.R. can be violated by the use of covert surveillance? Article 8- the right to privacy and to family life.

A)Article 1
B)Article 14
C)Article 18
D)Article 8

Question 8

If a judge is considering excluding improperly obtained evidence, which hearing must (s)he hold? The answer is D, but he may hold a voir dire if (s)he wishes. There is also no such hearing as C.

A)Voir dire
B)Newton hearing
C)Galbraith hearing
D)(S)he does not have to hold the hearing at all

Question 9

Which of the following is used to exclude improperly obtained evidence? s.78 of P.A.C.E. is the only means to exclude such evidence. Answer A relates to confessions, C to hearsay evidence and D is false.

A)s)76 of P.A.C.E.
B)s)78 of P.A.C.E.
C)s)126 C.J.A. 2003
D)s)128 C.J.A. 2003

Question 10

Evidence of, ""doing more than present the defendant with an exceptional opportunity to commit a crime"" can lead to a stay of proceedings. It is usually just excluded under s.78 of P.A.C.E., but can also lead to a stay of proceedings on the grounds of abuse of process.

Question 11

Provided that participants in a undercover operation do not encourage an offence to be committed, evidence obtained during the operation will be admissible. If those involved in an undercover operation do encourage an offence to be committed, it will be excluded as they will have been acting as agents provocateurs.

Question 12

Evidence obtained through covert surveillance is not admissible. It can be admissible.

Question 13

A breach of the P.A.C.E. codes will always mean that evidence if excluded. Each case turns on its facts and minor breaches will ordinarily not mean the exclusion of evidence unless there is an accumulative effect of many minor breaches.

Question 14

When deciding whether or not to exclude potential improperly obtained evidence, a judge must consider just the crime the defendant is charged with and any effect the evidence may have upon their trial. A judge must consider all the circumstances.

Question 15

Which factors are considered when deciding whether or not the police, 'did no more than present the defendant with an unexceptional opportunity to commit a crime'?

A)The reason for the particular police operation
B)The number of suspects involved
C)The defendant's criminal record
D)The general nature of the offence