Section 78 is properly applied in committal proceedings. Examining justices could exclude the evidence from their consideration only if satisfied that its admission at the trial would be so obviously unfair to the proceedings that no judge properly directing himself could admit it. Even in such a case it would generally be far better to leave the decision to the trial judge who will be in a better position to assess the effect on the fairness of the proceedings and have had greater experience of deciding such questions.
Citations:
[1993] 1 WLR 324
Statutes:
Police and Criminal Evidence Act 1989 78
Jurisdiction:
England and Wales
Cited by:
Cited – In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin HL 10-Apr-1997
The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial.
Held: The Francis case did not establish that the 1984 Act . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Evidence, Magistrates
Updated: 27 April 2022; Ref: scu.180865