New RIPA ammendment(s) probably coming in "autumn"

[Owen Lewis]

> -----Original Message-----
> From: ukcrypto-admin@chiark.greenend.org.uk
> [mailto:ukcrypto-admin@chiark.greenend.org.uk]On Behalf Of Peter
> Fairbrother
> Sent: 03 August 2002 16:44
> To: ukcrypto@chiark.greenend.org.uk
> Subject: Re: New RIPA ammendment(s) probably coming in "autumn"
>
>
> > Roland Perry wrote:
>
> >> Yes, and who will ensure that the CoPs are adhered to?
> >
> > As well as the Commissioners, the various investigating bodies have
> > professional standards units. And the slightest whiff of malpractice is
> > enough to get a case thrown out of court.
>
> Err, this is England (or the UK if you prefer) not the US. Illegally
> obtained evidence is usually admissable. A "whiff of malpractice getting a
> case thrown out" is a nice fantasy, but in practice it doesn't happen.

There is precedent for the admission of evidence unlawfully obtained. AIOLI,
the judge in each case determines what evidence he will allow to be heard.
No doubt one of the lawyers here can provide chapter and verse but a
determination on any matter of admissibility would seem to be one of the
functions of a 'voir dire' hearing, before the case is tried before a jury.

Owen