The House of Lords overruled the decision of the Court of Appeal that DNA samples that should have been destroyed under s.61 Police and Criminal Evidence Act 1984 were not admissible in a trial for a separate matter. DNA evidence obtained as a result of the prohibited investigation was admissible, but s.64(3B)(b) of the Act had to be read in conjunction with s.78 of the Act, and under s.78 there was a discretionary power to exclude that evidence if it was unfair to admit it.

HL (Lord Steyn, Lord Cooke of Thorndon, Lord Clyde, Lord Hutton, Lord Hobhouse of Woodborough)


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