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28-Jul-2020 23:34

Other admissible evidence may be excluded, at the discretion of the trial judge under 78 PACE, or at common law, if the judge can be persuaded that having regard to all the circumstances including how the evidence was obtained "admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it." In the United States and other countries, evidence may be excluded from a trial if it is the result of illegal activity by law enforcement, such as a search conducted without a warrant.Such illegal evidence is known as the fruit of the poisonous tree and is normally not permitted at trial.They are sometimes criticized as a legal technicality, but are an important part of the system for achieving a just result.

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The law must ensure certain guidelines are set out in order to ensure that evidence presented to the court can be regarded as trustworthy.The rules of evidence were developed over several centuries and are based upon the rules from Anglo-American common law brought to the New World by early settlers.