Police and Criminal Evidence Act 1984, section 78

Exclusion of unfair evidence

Part VIII Evidence in Criminal Proceedings—General

(1)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)Nothing in this section shall prejudice any rule of law requiring a court to exclude evidence.

F765(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 78 1

proceedings

“proceedings” means criminal proceedings, including service proceedings;

Defined in s.82(1) · see it in the full Act

Cases considering section 78 477

Beghal v Director of Public Prosecutions

[2015] UKSC 49 · 22 July 2015

Requires exclusion of prosecution evidence where admission would adversely affect trial fairness. Compelled Schedule 7 answers would inevitably be excluded, particularly when article 6 is applied, so they created no real and appreciable risk of admissible prosecutorial use (see paras [65]-[67]).

Her Majesty’s Advocate v P (Scotland)

[2011] UKSC 44 · 6 October 2011Interprets

The court may exclude prosecution evidence where, considering all the circumstances, admission would adversely affect the fairness of the proceedings to such an extent that it ought not be admitted (see paras [18]; [30]-[31]; [33]).

R v Horncastle and others (on appeal from the Court of Appeal Criminal Division)

[2009] UKSC 14 · 9 December 2009Limits

The court may exclude prosecution evidence where, considering all the circumstances, admission would adversely affect the fairness of the proceedings to such an extent that it ought not be admitted. The power is an important general safeguard (see paras [28]; [36]; [38]).

457 more judgments, and what each says about section 78, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F765S. 78(3) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 56(5), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3 4) text repealed for certain specified purposes only, see the commentary.

Modifications

  1. C567S. 78(1) modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. III para. 18(c)

Extent

  1. E7S. 78 extends to England and Wales only with exceptions as regards courts martial, see s. 120(1)(6)-(8)