[2005] EWCA Crim 1940

A judge's discretion to exclude evidence under the Police and Criminal Evidence Act 1984 s.78 only applied where the Crown sought to adduce evidence. Where a defendant applied, the basic test of admissibility was whether the evidence was such that no reasonable jury, properly directed as to its defects, could place any weight on it.

CA (Crim Div) (Smith LJ, Nelson J, Henriques J)


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