(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.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cases considering section 78 477
[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]).
[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]).
[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.