What Happens if You Obtain Evidence Illegally?

Updated on Wednesday 27th September 2017

What Happens if You Obtain Evidence Illegally? Image
Illegally obtained evidence in a criminal case violates the human rights which are guaranteed by the European Convention of Human Rights, where the private life of someone has been infringed. There are cases where the evidence is obtained under torture or other similar conditions, and such behavior is considered against the law and punished in accordance. If you are accused of obtaining illegal evidence, you are recommended to ask for legal help from our criminal defence solicitors in London.

How is evidence obtained illegally in UK?

It is a well-known requirement mentioned by the European Convention of Human Rights that an offender in the court of law has the presumption of innocence until the prosecution obtains evidence in the case and proves the guilt of the offender. It is against the law to obtain evidence by using illicit methods or unconventional ways. Our defence solicitors in UK will guide you throughout the entire process, and until the prosecution obtains evidence, you can be released on bail under particular conditions.

What kind of evidence is allowed in the court of law?

The parties involved in a trial, the offender and the prosecution must present a relevant evidence connected to the case. This is allowed by the magistrates considering that the courts of law in UK adopted an inclusionary approach towards evidence in order to support the victim and to guarantee a fair hearing and process. Under the Police and Criminal Evidence Act 1984, the courts in UK can exclude the irrelevant proof, especially if it is considered to compromise the trial’s fairness. We mention that the UK law courts do not encourage the use of evidence obtained illegally. In any case, where evidence is obtained illegally,  this can be subject to violation and punishments in accordance with the law. Please note, that legal representation in the court of law, when the evidence is presented, can be obtained from our criminal defence solicitors in London.

The Human Rights Act 1998

The real evidence obtained in breach if the offenders’ right to privacy as guaranteed by the European Convention of Human Rights (ECHR), like an audio or video material, remains admissible and will not violate the offenders’ right to a fair process. The courts of law in UK confirm they act in a compatible way with the articles mentioned by ECHR, by maintaining a strict exclusionary point of view regarding the confession of evidence obtained through torture. 

If you want to know more details about the evidence in the court of law, we invite you to contact our team of defence solicitors in UK.


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