HC Deb 14 May 1984 vol 60 c92

'.—(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—

  1. (a) the prosecution proves to the court beyond reasonable doubt that it was obtained lawfully; or
  2. (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
  3. (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—

  1. (a) in breach of any provision of the Act or of any enactment or rule of law; or
  2. (b) in excess of any power conferred by or obtained under this Act or any other enactment; or
  3. (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. Maclennan

I 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:

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