Unlawful Evidence Exclusion Analysis

Summary

Chloes diary, obtained unlawfully by Liv, raises issues of admissibility under Section 78 PACE and common law. Livs actions, involving deception and unauthorized entry, likely constitute investigative impropriety and breach Chloes Article 8 ECHR rights. The judge may exclude the diary to maintain fairness, supported by cases like R v Loosely and R v Khan. Consider proportionality, ethical implications, and reliability to strengthen the argument for exclusion.

Full Conversation

A group of protesters from the campaign group "Finish Fossil Fuel" (F3) face prosecution for conspiracy to cause a public nuisance under section * of the Police, Crime, Sentencing and Courts Act *. Chloe's personal diary, detailing planned protests, is key evidence, but was obtained unlawfully by Liv, an undercover officer who posed as 'Lin'. Liv initiated a deceptive romantic relationship with Chloe, accessed her home without authorization, and conducted an unlawful search to seize the diary, later providing it to the police. The Crown Prosecution Service (CPS) seeks advice on the admissibility of the diary, as the defence argues it was obtained through investigative impropriety and breaches Chloe's human rights under Article * of the ECHR. Using the IRAC method, assess whether the judge is likely to exclude the evidence under common law or section * PACE.
To assess the admissibility of Chloe’s personal diary, we need to consider both common law principles and section * of the Police and Criminal Evidence Act (PACE) *.
Relevant Laws and Principles:
*. Common Law:
- Evidence obtained improperly or unlawfully can be excluded at the judge's discretion.
- The court must balance the public interest in admitting the evidence against the need to uphold legal and ethical standards.
*. Section * PACE *:
- Allows the court to exclude evidence if its admission would have an adverse effect on the fairness of the proceedings.
*. Article * ECHR:
- Right to respect for private and family life.
- Any interference must be lawful and necessary in a democratic society.
IRAC Analysis:
*. Issue:
- Whether Chloe’s diary, obtained unlawfully by Liv, should be excluded from evidence.
*. Rule:
- Under common law and section * PACE, evidence obtained unfairly or through a significant breach of rights may be excluded.
- Article * ECHR protects against unlawful interference with private life.
*. Application:
- Liv’s deception and unlawful entry violate Chloe’s Article * rights.
- The manner in which the diary was obtained undermines the integrity of the judicial process.
- Admitting the diary could be seen as condoning investigative impropriety.
*. Conclusion:
- The judge is likely to exclude the evidence to maintain fairness and uphold Chloe’s rights under Article * ECHR, considering both common law principles and section * PACE.
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Focus solely on investigative impropriety and admissibility under evidence law; do not address the offence or investigative procedures.
Alright, let's break it down using the IRAC method:
Issue:
The key issue is whether Chloe's personal diary, obtained unlawfully through investigative impropriety, should be excluded as evidence under common law or section * of the Police and Criminal Evidence Act * (PACE).
Rule:
- Common Law: Evidence obtained improperly can be excluded if its admission would adversely affect the fairness of the trial.
- Section * PACE: Allows for the exclusion of evidence if the admission would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
Application:
- Investigative Impropriety: Liv, the undercover officer, initiated a deceptive romantic relationship and accessed Chloe's home without authorization. This breaches Chloe's rights under Article * of the ECHR (right to respect for private and family life).
- Fairness of Proceedings: The diary was obtained through deceit and unauthorized entry, which raises serious concerns about the integrity of the evidence and the methods used.
Conclusion:
Given the breaches of Chloe's human rights and the improper methods used to obtain the diary, a judge is likely to exclude the evidence under both common law and section * PACE, as its admission would adversely affect the fairness of the trial.
break down to each seperate issue
Sure, here’s the breakdown of each separate issue using the IRAC method:
Issue:
- Whether Chloe’s personal diary, obtained unlawfully through investigative impropriety, should be excluded as evidence under common law or section * of the Police and Criminal Evidence Act * (PACE).
Rule:
- Common Law:
- Evidence obtained improperly or unlawfully can be excluded at the judge's discretion.
- The court must balance the public interest in admitting the evidence against the need to uphold legal and ethical standards.
- Section * PACE *:
- Allows the court to exclude evidence if its admission would have an adverse effect on the fairness of the proceedings.
- Article * ECHR:
- Right to respect for private and family life.
- Any interference must be lawful and necessary in a democratic society.
Application:
- Investigative Impropriety:
- Liv’s deception and unlawful entry violate Chloe’s Article * rights.
- The manner in which the diary was obtained undermines the integrity of the judicial process.
- Fairness of Proceedings:
- The diary was obtained through deceit and unauthorized entry, which raises serious concerns about the integrity of the evidence and the methods used.
- Admitting the diary could be seen as condoning investigative impropriety.
Conclusion:
- The judge is likely to exclude the evidence to maintain fairness and uphold Chloe’s rights under Article * ECHR, considering both common law principles and section * PACE.
Would you like more detailed information on any specific aspect of this case?
so a different irac for each issue
Case Rating: *
It appears you need to break down the case into separate IRAC analyses for each issue. Here’s a focused analysis on the admissibility of Chloe’s diary:
Issue *: Investigative Impropriety and Unlawful Entry
Issue:
Whether the diary obtained unlawfully by Liv should be excluded under common law principles.
Rule:
- Common Law: Evidence obtained improperly or unlawfully can be excluded at the judge's discretion.
- The court must balance the public interest in admitting the evidence against the need to uphold legal and ethical standards.
Application:
- Liv’s deception and unlawful entry violate Chloe’s Article * rights.
- The manner in which the diary was obtained undermines the integrity of the judicial process.
Conclusion:
The judge is likely to exclude the evidence to maintain fairness and uphold Chloe’s rights under common law principles.
Issue *: Adverse Effect on Fairness under Section * PACE
Issue:
Whether the diary obtained unlawfully should be excluded under section * of the Police and Criminal Evidence Act * (PACE).
Rule:
- Section * PACE: Allows the court to exclude evidence if its admission would have an adverse effect on the fairness of the proceedings.
Application:
- The diary was obtained through deceit and unauthorized entry, which raises concerns about the integrity of the evidence.
- Admitting the diary could be seen as condoning investigative impropriety.
Conclusion:
Given the breaches of Chloe’s human rights and the improper methods used, a judge is likely to exclude the evidence under section * PACE.
Would you like more detailed information on any specific aspect of this case?
what is the main issue from the scenario
Case Rating: *
The main issue from the scenario is whether Chloe's personal diary, obtained unlawfully through investigative impropriety by an undercover officer, should be excluded as evidence under common law principles and section * of the Police and Criminal Evidence Act * (PACE).
how would a law student work this out
Case Rating: *
To work out this problem, a law student would use the IRAC method, focusing on the main issue of the diary's admissibility:
*. Issue:
- Whether Chloe’s personal diary, obtained unlawfully, should be excluded under common law and section * PACE.
*. Rule:
- Common Law: Evidence obtained unlawfully can be excluded at the judge's discretion considering public interest and legal standards.
- Section * PACE: Evidence can be excluded if its admission adversely affects the fairness of proceedings.
- Article * ECHR: Right to respect for private and family life; interference must be lawful and necessary.
*. Application:
- Investigative Impropriety: Liv’s actions violated Chloe’s rights under Article * ECHR and undermined judicial integrity.
- Fairness of Proceedings: The manner of obtaining the diary raises concerns about evidence integrity and investigative propriety.
*. Conclusion:
- The judge is likely to exclude the evidence under both common law and section * PACE to maintain fairness and uphold Chloe’s rights.
This analysis shows the student's understanding of evidence law and human rights protections in legal proceedings.
write all the issues to be put into irac in a list
Case Rating: *
Here's a list of all the issues to be put into IRAC:
*. Investigative Impropriety and Unlawful Entry
- Issue: Whether the diary obtained unlawfully by Liv should be excluded under common law principles.
- Rule: Evidence obtained improperly or unlawfully can be excluded at the judge's discretion.
- Application: Liv’s deception and unlawful entry violate Chloe’s Article * rights.
- Conclusion: The judge is likely to exclude the evidence to maintain fairness and uphold Chloe’s rights.
*. Adverse Effect on Fairness under Section * PACE
- Issue: Whether the diary obtained unlawfully should be excluded under section * of the Police and Criminal Evidence Act * (PACE).
- Rule: Section * PACE allows the court to exclude evidence if its admission would have an adverse effect on the fairness of the proceedings.
- Application: The diary was obtained through deceit and unauthorized entry, raising concerns about the integrity of the evidence.
- Conclusion: Given the breaches of Chloe’s human rights and the improper methods used, a judge is likely to exclude the evidence under section * PACE.
Would you like more detailed information on any specific aspect of this case?
is that all the issues that need to be covered
Case Rating: *
It seems you have covered the primary issues related to the admissibility of Chloe's diary under common law principles and section * of PACE. You might also consider the broader implications of investigative impropriety on the fairness of the trial and any potential impacts on Chloe's right to a fair trial under Article * of the ECHR.
Would you like more detailed information on any specific aspect of this case?
yes
Case Rating: *
To delve deeper into the broader implications:
Investigative Impropriety and Article * ECHR:
*. Issue:
- Whether Liv's actions and the admissibility of the diary affect Chloe’s right to a fair trial under Article * ECHR.
*. Rule:
- Article * ECHR: Right to a fair trial.
- Investigative improprieties can undermine the fairness of trial proceedings.
*. Application:
- Liv’s deception and unauthorized search may compromise the integrity of the trial.
- Admitting the diary could prejudice the jury and affect the trial's fairness.
*. Conclusion:
- The judge may exclude the evidence to ensure compliance with Article * ECHR and uphold the fairness of the trial.
Would you like more specific details on any part of this analysis or have other questions?
just bullet point the issues
Case Rating: *
Here are the bullet points for the issues:
- Investigative Impropriety and Unlawful Entry
- Whether Chloe’s diary obtained unlawfully by Liv should be excluded under common law.
- Adverse Effect on Fairness under Section * PACE
- Whether the diary should be excluded under section * of the Police and Criminal Evidence Act *.
- Investigative Impropriety and Article * ECHR
- Whether Liv's actions and the diary's admissibility affect Chloe’s right to a fair trial under Article * ECHR.
what about article *
Case Rating: *
Article * ECHR pertains to the right to respect for private and family life. Here's how it fits into your scenario:
- Issue: Whether Chloe's diary, obtained unlawfully by Liv, violates her rights under Article * ECHR.
- Rule: Article * ECHR ensures respect for private and family life, requiring any interference to be lawful and necessary.
- Application: Liv's deception and unlawful entry breach Chloe's Article * rights, as the actions were neither lawful nor necessary.
- Conclusion: The judge is likely to consider the breach of Article * and may exclude the diary to uphold Chloe's rights.
Would you like more detailed information on any specific aspect or further questions on Article *?
write every issue that needs to be covered in a bullet point list
Case Rating: *
Here are the bullet points for the issues to be covered:
- Investigative Impropriety and Unlawful Entry
- Whether Chloe’s diary obtained unlawfully by Liv should be excluded under common law principles.
- Adverse Effect on Fairness under Section * PACE
- Whether the diary should be excluded under section * of the Police and Criminal Evidence Act *.
- Investigative Impropriety and Article * ECHR
- Whether Liv's actions and the diary's admissibility affect Chloe’s right to a fair trial under Article * ECHR.
- Breach of Article * ECHR
- Whether Chloe's diary, obtained unlawfully by Liv, violates her rights under Article * ECHR.
Would you like more detailed information on any specific aspect of this case?
include whether livs actions amount to investigatory improproity
Case Rating: *
Liv's actions indeed amount to investigatory impropriety. Here’s how it fits into the issues:
- Investigative Impropriety and Unlawful Entry
- Whether Chloe’s diary obtained unlawfully by Liv should be excluded under common law principles.
- Liv’s actions of deception and unlawful entry clearly constitute investigatory impropriety.
- Adverse Effect on Fairness under Section * PACE
- Whether the diary should be excluded under section * of the Police and Criminal Evidence Act *.
- The diary was obtained through deceit and unauthorized entry, raising concerns about the integrity of the evidence.
- Investigative Impropriety and Article * ECHR
- Whether Liv's actions and the diary's admissibility affect Chloe’s right to a fair trial under Article * ECHR.
- Admitting the diary could prejudice the trial, affecting its fairness.
- Breach of Article * ECHR
- Whether Chloe's diary, obtained unlawfully by Liv, violates her rights under Article * ECHR.
- Liv’s actions breached Chloe's right to respect for private and family life.
Would you like more detailed information on any specific aspect of this case?
irac livs actions
Case Rating: *
Sure, let’s break down Liv's actions using the IRAC method:
- Issue: Whether Liv's actions in obtaining Chloe's diary amount to investigatory impropriety and if the evidence should be excluded.
- Rule:
- Common Law: Evidence obtained improperly or unlawfully can be excluded at the judge's discretion.
- Section * PACE *: Allows the court to exclude evidence if its admission would have an adverse effect on the fairness of the proceedings.
- Article * ECHR: Ensures respect for private and family life; any interference must be lawful and necessary.
- Application:
- Investigative Impropriety: Liv's actions of deception and unlawful entry into Chloe’s home constitute investigatory impropriety. This breaches Chloe’s Article * rights as it was neither lawful nor necessary.
- Fairness of Proceedings: The diary was obtained through deceit and unauthorized entry, raising serious concerns about the integrity of the evidence and methods used. Admitting the diary could be seen as condoning these improper actions.
- Conclusion: The judge is likely to exclude the evidence to maintain the fairness of the trial and uphold Chloe’s rights under Article * ECHR, considering both common law principles and section * PACE.
Would you like more detailed information on any specific aspect of this case?
is there anything else to be covered
Case Rating: *
It sounds like you've covered the key issues relating to the admissibility of Chloe’s diary and Liv's actions. The analysis seems thorough in addressing:
- Investigative impropriety.
- The fairness of the proceedings under Section * PACE.
- Potential breaches of Article * and Article * ECHR.
If you need assistance with any other specific aspect or have further questions, feel free to ask!
i want extra marks
Case Rating: *
To help you achieve extra marks, focus on these additional points:
- Proportionality: Discuss the proportionality of Liv's actions in relation to the investigation. Consider whether less intrusive methods could have been used.
- Ethical Considerations: Evaluate ethical implications of undercover operations and the potential abuse of power.
- Comparative Jurisprudence: Compare the case with similar cases in other jurisdictions to highlight different approaches.
Would you like more specific guidance on any of these points?
YES
Case Rating: *
Alright, here are some additional points to help you achieve extra marks:
Proportionality:
- Issue: Whether Liv's actions were proportionate to the investigation's goals.
- Rule:
- Proportionality principle: Actions must be appropriate, necessary, and not excessive.
- Application:
- Liv's deceptive relationship and unauthorized entry were extreme measures.
- Less intrusive methods (e.g., surveillance) could have been used.
- Conclusion:
- Liv’s actions were disproportionate, further supporting exclusion of the evidence.
Ethical Considerations:
- Issue: Ethical implications of Liv's undercover operations.
- Rule:
- Ethical standards require respect for individuals’ rights and avoidance of abuse of power.
- Application:
- Initiating a deceptive romantic relationship is ethically questionable.
- Unauthorized entry and seizure of private property violate ethical standards.
- Conclusion:
- Ethical breaches reinforce the argument for excluding the evidence.
Comparative Jurisprudence:
- Issue: How similar cases are handled in other jurisdictions.
- Rule:
- Jurisprudence from other countries can provide insights into handling such cases.
- Application:
- In the US, evidence obtained through investigative impropriety often results in exclusion under the exclusionary rule.
- In Canada, the Charter of Rights and Freedoms would likely lead to exclusion due to rights violations.
- Conclusion:
- Comparative analysis shows a consistent trend towards excluding unlawfully obtained evidence, supporting the case for exclusion in this scenario.
Would you like more detailed information on any of these points or further assistance with your case?
RELIABILITY PRINCIPLE
Case Rating: *
The reliability principle focuses on ensuring that evidence presented in court is reliable and trustworthy. Here's how it applies to your scenario:
- Issue: Whether the evidence obtained by Liv is reliable given the methods used to obtain it.
- Rule:
- Evidence must be reliable and trustworthy to be admissible.
- Investigative impropriety can cast doubt on the reliability of the evidence.
- Application:
- Liv’s deceptive methods and unlawful entry undermine the reliability of the diary.
- The manner of obtaining the evidence raises doubts about its integrity and truthfulness.
- Conclusion:
- The judge may exclude the evidence due to concerns about its reliability, further bolstering the argument for exclusion under common law, Section * PACE, and Article * ECHR.
Would you like more detailed information on any specific aspect or further assistance with your case?
key cases to include that are relevant to the scenario
Case Rating: *
Here are some key cases that are relevant to your scenario:
- R v Sang [*] AC *:
- Established that the judge has discretion to exclude evidence obtained by entrapment.
- R v Khan [*] AC *:
- Discussed the admissibility of evidence obtained by covert surveillance.
- R v Loosely [*] UKHL *:
- Highlighted the exclusion of evidence obtained through entrapment and the importance of fairness.
- R v Mason [*] QB *:
- Considered the exclusion of evidence obtained by trickery, focusing on fairness.
- Allan v United Kingdom [*] ECHR *:
- Examined the use of covert recordings and the right to a fair trial under Article * ECHR.
Would you like more detailed information on any of these cases?
landmark cases
Case Rating: *
Here are some landmark cases that are relevant to your scenario:
- R v Sang [*] AC *
- Judge's discretion to exclude evidence obtained by entrapment.
- R v Khan [*] AC *
- Admissibility of evidence obtained by covert surveillance.
- R v Loosely [*] UKHL *
- Exclusion of evidence obtained through entrapment, emphasizing fairness.
- R v Mason [*] QB *
- Exclusion of evidence obtained by trickery.
- Allan v United Kingdom [*] ECHR *
- Covert recordings and fair trial under Article * ECHR.
Would you like more detailed information on any specific aspect of these cases?
yes
Case Rating: *
Sure, here's some more detailed information on the landmark cases mentioned:
- R v Sang [*] AC *:
- Summary: Established that judges have the discretion to exclude evidence obtained by entrapment.
- Application: Relevant for discussing the discretionary power of judges to exclude evidence when improper methods are used.
- R v Khan [*] AC *:
- Summary: Concerned the admissibility of evidence obtained by covert surveillance.
- Application: Can be used to argue the admissibility of evidence obtained through covert methods and the necessity for such methods to be lawful.
- R v Loosely [*] UKHL *:
- Summary: Highlighted the exclusion of evidence obtained through entrapment and emphasized the importance of fairness in the legal process.
- Application: Supports the argument that evidence obtained through improper means should be excluded to ensure fairness.
- R v Mason [*] QB *:
- Summary: Considered the exclusion of evidence obtained by trickery, focusing on fairness.
- Application: Shows that trickery and deceit by law enforcement can lead to the exclusion of evidence to maintain trial fairness.
- Allan v United Kingdom [*] ECHR *:
- Summary: Examined the use of covert recordings and the right to a fair trial under Article * ECHR.
- Application: Relevant for discussing the implications of covert methods on the right to a fair trial and breaches of human rights.
Would you like more specific details or analysis on any of these cases?
include how it related to my scenario
Case Rating: *
Here's how each landmark case relates to your scenario:
- R v Sang [*] AC *:
- Summary: Established judge's discretion to exclude evidence obtained by entrapment.
- Relation: Supports the argument that the judge can exclude Chloe's diary due to Liv's deceptive tactics.
- R v Khan [*] AC *:
- Summary: Concerned the admissibility of evidence obtained by covert surveillance.
- Relation: Highlights the need for lawful methods in obtaining evidence, relevant to Liv's unlawful entry.
- R v Loosely [*] UKHL *:
- Summary: Exclusion of evidence obtained through entrapment, emphasizing fairness.
- Relation: Reinforces that evidence obtained through deceit should be excluded to ensure fairness.
- R v Mason [*] QB *:
- Summary: Exclusion of evidence obtained by trickery.
- Relation: Shows that trickery by law enforcement, like Liv's, can lead to evidence exclusion.
- Allan v United Kingdom [*] ECHR *:
- Summary: Examined covert recordings and fair trial under Article * ECHR.
- Relation: Relevant for arguing that Liv's actions breached Chloe's right to a fair trial.
Would you like more detailed information on any specific aspect of this case or any further assistance?
using this guidance have i covered everything: Question * focuses on Evidence Law and requires analyzing the admissibility of Chloe's diary under Section * of PACE and common law principles. The diary was obtained unlawfully by Liv, who initiated a deceptive romantic relationship and conducted an unauthorized search. You must concentrate solely on investigative malpractice, not other admissibility issues or the offence itself. Relevant material can be found in Unit *, Keane and McKeown’s textbook (*), and independent research sources. Summarize key legal rules, including PACE and case law, applying them to the facts using the IRAC method. Clearly explain how the law applies and provide a reasoned conclusion. Ensure fluent writing and structured IRAC analysis.
Case Rating: *
Your detailed analysis covers the key aspects of the admissibility of Chloe's diary under Section * of PACE and common law principles. You've addressed investigative malpractice and applied relevant case law effectively using the IRAC method. Here’s a checklist to ensure all points are comprehensively covered:
*. Key Legal Rules:
- Common Law Principles
- Section * of PACE *
- Article * ECHR
- Article * ECHR (optional but beneficial)
- Proportionality Principle
- Ethical Considerations
- Reliability Principle
*. Case Law:
- R v Sang [*] AC *
- R v Khan [*] AC *
- R v Loosely [*] UKHL *
- R v Mason [*] QB *
- Allan v United Kingdom [*] ECHR *
*. IRAC Method:
- Issue: Clearly defined whether Chloe’s diary should be excluded.
- Rule: Summarized relevant laws and principles.
- Application: Applied laws to facts, considering investigative impropriety, fairness, proportionality, and ethical implications.
- Conclusion: Provided a reasoned conclusion on the likely exclusion of evidence.
*. Additional Points for Extra Marks:
- Proportionality of Liv’s actions.
- Ethical implications of undercover operations.
- Comparative jurisprudence.
- Reliability of evidence.
*. Fluent Writing and Structured Analysis:
- Ensure the argument flows logically.
- Use clear headings and subheadings (IRAC format).
- Summarize and conclude effectively.
With these elements, your analysis should be thorough and well-rounded. If you need any specific details or further assistance, feel free to ask!
write this up in a paragraph: *. Introduction o Summarize the key issue: the admissibility of Chloe’s diary in light of Liv’s investigative impropriety and breaches of human rights. o State the legal frameworks: Section * PACE, common law principles, Article * and (optionally) Article * ECHR. o Mention that the IRAC method will be used to address the question.
Case Rating: *
The key issue revolves around the admissibility of Chloe’s diary, which was obtained unlawfully by Liv, an undercover officer, through investigative impropriety and breaches of human rights. The legal frameworks to be considered include Section * of PACE, common law principles, Article * of the ECHR, and optionally, Article * of the ECHR. The IRAC method will be employed to address the question comprehensively.
write this as an introductory paragraph to my essay: *. Introduction o Summarize the key issue: the admissibility of Chloe’s diary and whether Liv’s actions amount to investigative impropriety and breaches of human rights. o State the legal frameworks: Section * PACE, common law principles, Article * and (optionally) Article * ECHR. o Mention that the IRAC method will be used to address the question.
Case Rating: *
---
The key issue in this essay is the admissibility of Chloe’s diary and whether Liv’s actions amount to investigative impropriety and breaches of human rights. The relevant legal frameworks to be examined include Section * of PACE, common law principles, Article *, and optionally, Article * of the ECHR. The IRAC method will be used to address this question comprehensively.
write this up: *. Section * of PACE • Issue: Does Liv’s conduct render the diary inadmissible under Section * of the Police and Criminal Evidence Act * due to its impact on fairness? • Rule: o Section * PACE allows evidence to be excluded if its admission adversely affects the fairness of proceedings. o Relevant cases: R v Loosely [*] (fairness and misconduct), R v Khan [*] (covert operations and admissibility). • Application: o Liv conducted an unlawful search, obtained the diary deceitfully, and violated ethical principles, which risks condoning misconduct. o Section * PACE further questions the legality of her warrantless entry. • Conclusion: The court is likely to exclude the diary due to the adverse impact on fairness caused by Liv’s misconduct.
Case Rating: *
Section * of PACE
- Issue: Does Liv’s conduct render the diary inadmissible under Section * of the Police and Criminal Evidence Act * due to its impact on fairness?
- Rule:
- Section * PACE allows evidence to be excluded if its admission adversely affects the fairness of proceedings.
- Relevant cases:
- R v Loosely [*] (fairness and misconduct)
- R v Khan [*] (covert operations and admissibility)
- Application:
- Liv conducted an unlawful search, obtained the diary deceitfully, and violated ethical principles, which risks condoning misconduct.
- Section * PACE further questions the legality of her warrantless entry.
- Conclusion: The court is likely to exclude the diary due to the adverse impact on fairness caused by Liv’s misconduct.
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does this need anymore detail: Rule: Section * PACE permits the exclusion of evidence if its admission would adversely affect the fairness of the proceedings. Relevant case law includes R v Loosely [*], which emphasizes fairness and misconduct as factors justifying exclusion, and R v Khan [*], which addresses admissibility in covert operations when fairness is compromised.
Case Rating: *
Your explanation of Section * PACE and the relevant case law is quite comprehensive. To further enhance your response, you could consider adding a brief explanation of why these cases are particularly relevant to Liv’s actions and Chloe's situation. Additionally, you could mention the specific outcomes of these cases to underscore their relevance.
Here’s a more detailed version:
Rule:
- Section * PACE permits the exclusion of evidence if its admission would adversely affect the fairness of the proceedings.
- R v Loosely [*]: This case emphasizes that evidence obtained through entrapment or misconduct by law enforcement can compromise the fairness of a trial and justify exclusion.
- R v Khan [*]: This case highlights the need to balance the use of covert operations against the requirement for fair proceedings, particularly when evidence is obtained unlawfully.
These rulings underscore the principle that evidence obtained through unethical or illegal means, as seen in Liv's actions, can undermine the integrity of the judicial process and should likely be excluded to preserve fairness.
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write as a paragraph
Case Rating: *
Section * of PACE permits the exclusion of evidence if its admission would adversely affect the fairness of the proceedings. This principle is supported by case law such as R v Loosely [*], which emphasizes that evidence obtained through entrapment or misconduct by law enforcement can compromise the fairness of a trial, thus justifying exclusion. Additionally, R v Khan [*] addresses the admissibility of evidence obtained through covert operations, highlighting the need to balance the use of such methods against the requirement for fair proceedings, especially when evidence is obtained unlawfully. These cases underscore that evidence obtained through unethical or illegal means, like Liv's actions, can undermine the integrity of the judicial process and should likely be excluded to preserve fairness.
Would you like more detailed information on any specific aspect or further assistance with your case?
only state the rule no application
- Section * PACE permits the exclusion of evidence if its admission would adversely affect the fairness of the proceedings.
- Relevant case law:
- R v Loosely [*]: Emphasizes that evidence obtained through entrapment or misconduct by law enforcement can justify exclusion.
- R v Khan [*]: Highlights the balance between covert operations and the requirement for fair proceedings, particularly when evidence is obtained unlawfully.
as a paragraph
Section * of PACE permits the exclusion of evidence if its admission would adversely affect the fairness of the proceedings. Relevant case law includes R v Loosely [*], which emphasizes that evidence obtained through entrapment or misconduct by law enforcement can justify exclusion, and R v Khan [*], which highlights the balance between covert operations and the requirement for fair proceedings, particularly when evidence is obtained unlawfully.