Excluding Evidence
In some instances courts will be required to exclude evidence. That is, where police have obtained evidence following a failure to comply with particular laws it will be mandatory for the Court to exclude the evidence.
In other instances (and these can overlap with the mandatory exclusionary rules) Courts may retain a discretion whether they exclude evidence or allow it in at trial. That is, the Judge has a choice whether to exclude the evidence that was obtained following a failure to comply with particular laws. There are two discretions that Judges can use: the Unfairness Discretion (whose purpose is to protect the rights and privileges of the accused) and the Public Policy Discretion (which is applied for the benefit of the community as a whole).
In other instances (and these can overlap with the mandatory exclusionary rules) Courts may retain a discretion whether they exclude evidence or allow it in at trial. That is, the Judge has a choice whether to exclude the evidence that was obtained following a failure to comply with particular laws. There are two discretions that Judges can use: the Unfairness Discretion (whose purpose is to protect the rights and privileges of the accused) and the Public Policy Discretion (which is applied for the benefit of the community as a whole).