Unfairly or illegally obtained evidence should always be excluded to Essay

Unfairly or illegally obtained evidence should always be excluded to uphold the integrity of the criminal justice system. Discuss - Essay Example s and jurists alike argue that if evidence is obtained unfairly or illegally it is suspect and undermines not only the integrity of the evidence but the integrity of the criminal justice system as well. This discussion examines these safeguards and whether or not they sufficiently maintain the integrity of the criminal justice system. Section 78 of the Police and Criminal Evidence Act as interpreted by the courts has a double agenda. It seeks to ensure that a defendant is afforded his Convention right to a fair trial as contained in Article 6 of the European Convention on Human Rights.1 Its second purpose is to ensure that all relevant evidence is admitted where ever possible and at the same time provide for the defendant’s right to a fair trial. Section 78 provides as follows: â€Å"In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it."2 In interpreting Section 78 the courts have taken a position entirely geared toward an element of fairness and in this way the discretion to include unfairly or illegally obtained evidence does not compromise the integrity of the criminal justice system. While Section 78 of the 1984 Act has given rise to a plethora of case law decisions, Professor Richard Stone maintains that the underlying approach by the courts is one of â€Å"fairness as fair play.†3 The judiciary has consistently displayed a propensity to remain loyal to the House of Lords decision in R v Sang [1980] AC 402 in its reading and interpretation of Section 78 of the Police and Criminal Evidence Act 1984. The cumulative value of the Lords’ position on the admission into evidence of unfairly or illegally obtained evidence is