The search of a victim’s premises which continued after evidence had come to light suggesting the victim might be a suspect was in breach of the codes of practice where it continued without the consent of the occupier. Evidence which was derived from that continued search was unlawful. Nevertheless, it was fair to admit the evidence since the defendant was not challenging the facts as to what was found and would have still been able to offer any explanation of the search results.
Citations:
Times 26-Oct-2000
Statutes:
Police and Criminal Evidence Act 1984 78, Codes of Practice PACE 1984
Jurisdiction:
England and Wales
Torts – Other, Criminal Practice, Police
Updated: 11 May 2022; Ref: scu.85472