||All England Reporter
|| All ER (D) 61 (May)
|| EWCA Crim 989
||Court of Appeal, Criminal Division
Waller LJ, Pitchers J and Judge Crawford QC
||Oliver Sells QC and Dominic De Souza (assigned by the Registrar of Criminal Appeals) for the defendant.
||Mark Ellison and Crispin Aylett (instructed by the Crown Prosecution Service) for the Crown.
||3 May 2002
Criminal evidence - Exclusion of evidence - Adverse effect on fairness of proceedings - Evidence obtained by use of covert listening device - Covert listening device violating accused's right to privacy - Whether evidence obtained by use of covert listening device having adverse effect on fairness of proceedings - Whether judge having erred in admitting evidence - s 78 - European Convention on Human Rights, art 8.
In a case in which the police had employed a covert listening device in probable breach of art8 of the European Convention on Human Rights the evidence of any conversation thereby recorded did not necessarily have to be excluded. The real issue to be considered was whether any admissions made during the recorded conversation by the defendant were reliable and whether admission of the conversation was fair for the purposes of s78 of the Police and Criminal Evidence Act.
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