New RIPA ammendment(s) probably coming in "autumn"
Matthew Byng-Maddick
ukcrypto at lists.colondot.net
Sun, 4 Aug 2002 23:58:17 +0100
On Sun, Aug 04, 2002 at 12:43:54PM +0100, Peter Fairbrother wrote:
> A whiff of lying to the Court will sometimes get evidence thrown out, but in
> general evidence is rarely excluded on grounds other than unreliability.
>
> AIUI a Judge cannot (?or will not) exclude evidence solely on the grounds
> that it was illegally obtained, although he can use the illegality as a
> consideration in his judgement as to the evidence's reliability, fairness
> etc. - but IANAL.
There was a case recently, where evidence was obtained by an illegal
wiretap, I'm sure one of the on-list lawyers would provide more detail, and
indeed, I think Donald posted the summary to the list. But the judge told
them that it was inadmissible, and since, AIR, it was the main prosecution
evidence, the case had to be dropped.
MBM
--
Matthew Byng-Maddick <mbm@colondot.net> http://colondot.net/