ABSTRACT
It is central to the protection of the individual that evidence be obtained in a lawful manner. The question arises as to how the law can secure a balance between ensuring that the police operate within the law and the Codes of Practice which supplement the law, and allowing evidence to be used which may have been obtained in a manner not strictly in accordance with the rules but which does prove that a suspect committed a particular crime. If evidence is made inadmissible on the basis of a procedural irregularity, a guilty suspect may go free. On the other hand, if the evidence – however obtained – is admitted, and proves false, there is a danger of innocent suspects being wrongfully convicted. The use of telephone intercepts by the police is authorised under the Police Act 1997, which makes it clear that such intercepts are lawful provided they are authorised under the Act. In addition, the Regulation of Investigatory Powers Act 2000 provides statutory authority for interceptions by the security forces. On this aspect of the law see Chapter 25.
