§ '.—(1) If it is represented to the court in any proceedings that any evidence (other than by a confession) proposed to be given by the prosecution was or may have been obtained unlawfully, the court shall not allow the evidence to be given unless—
- (a) the prosecution proves to the court beyond reasonable doubt that it was obtained lawfully; or
- (b) the court is satisfied that anything unlawfully done in obtaining it was of no material significance in all the circumstances of the case and ought properly to be disregarded; or
- (c) the court is satisfied that the overriding interests of justice require it to be given, notwithstanding that it was obtained unlawfully.
§ (2) For the purposes of this section, evidence shall be treated as having been obtained unlawfully if it was obtained—
- (a) in breach of any provision of the Act or of any enactment or rule of law; or
- (b) in excess of any power conferred by or obtained under this Act or any other enactment; or
- (c) as a result of any material deception in obtaining any power under this Act or any other enactment:. — [Mr. Maclennan.]
§ Brought up, and read the First time.
§ Mr. MaclennanI beg to move, That the clause be read a Second time.
§ Mr. Deputy Speaker (Mr. Harold Walker)With this it will be convenient to take the following: