Criminal Evidence Essay Example | Topics and Well Written Essays - 3000 words

Criminal Evidence - Essay Example The leading case in this area was R v Leatham 1where Crompton J famously remarked 'it matters not how you get it, if you steal it even, it would be admissible in evidence'.2 There were common law rules which allowed the judges to have the discretion to exclude evidence3 at a criminal trial, if this would jeopardise the position of the defendant.4.The standard of reasonableness to be exercised in this regard was that of the "Wednesbury" criteria.5 .Thus the position under common law was that illegally obtained evidence was admissible, given that it was credible, relevant and did not cause adverse inferences to be drawn against the accused.6 The PACE 1984 came into effect in January 1986 and brought changes to the common law position. The main section 78 7of PACE 1984 codified and consolidated the previous common law position.8 However the later body of case law that developed tended to discard the common law approach and develop an entirely new approach to the section, yet the court has not yet given an exhaustive set of guidelines for the section due to the different facts of each case.9Most of the early case law in this regard involved the exclusion of unfairly procured confessions although the position before the PACE 1984 had been very much the same.10 The position in the cases of r... misconduct by the police authorities in the cases of real evidence.11However the court showed some caution in cases involving Alcohol and DNA tests as there was a likelihood of the rigging of such evidence.12In the very controversial case of R v Nathaniel13 the court excluded the evidence of a blood sample of rapist taken four years ago which was promised by the police to be destroyed given that he was not convicted. They tried to use the sample again to convict him four years later but the court excluded this evidence and Lord Taylor CJ made it clear for the court, 'To allow that blood sample to be used in evidence at a trial four years after the alleged offences when the sample had been retained in breach of statutory duty and in breach of the undertakings to the defendant must, in our view, have had an adverse effect on the fairness of the trial. It should not in our view have been admitted.' This case has been followed wherever evidence has been retained in breach of s 64 (3B) of PACE in later cases of rape, murder and theft. For example in the case of Regina v Weir14 the accused was being charged of brutal murder on the basis of very convincing DNA samples which were obtained in breach of s64 (3B) of PACE and thereby the conviction of the defendant was quashed.. Recently however, in the Attorney General's Reference No. 3 of 199915 the House of Lords expressed dissatisfaction with this judgement and regretted not having convicted the accused despite the heavy amount of evidence involved. The Court said that " It must be borne in mind that respect for the privacy of defendants is not the only value at stake. The purpose of the criminal law is to permit everyone to go about their daily lives without fear of harm to person or property. And it is in the