ABSTRACT
This chapter explores confession evidence and that evidence that is unlawfully obtained. It discusses on evidence that may have been obtained contrary to the law, for instance evidence obtained through an agent provocateur, or through a breach of the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice. Section 76(2) of the PACE 1984 provides: This means that confession evidence that is obtained by oppression, or is rendered unreliable by things said or done, is excluded. In contrast, this provision applies to all types of evidence on which the 'prosecution proposes to rely', and the court will consider all the circumstances, including the manner in which it was obtained. Counsel for the defendants argued for the exclusion of this evidence by reason of the manner in which it had been obtained. The court stated that, in such cases, when considering exclusion the court should have regard to the following: In R v Latif [1996] 1 All ER 353, a customs officer posed as a drug runner, thereby obtaining evidence which incriminated the defendant, Mr. Latif, who was convicted. Exclusion under s 78 is wider than under the common law because it applies to all types of evidence on which the 'prosecution proposes to rely' and the court will consider all the circumstances, including the manner in which it was obtained.
