What is the public policy discretion?
It is contrary to public policy to admit evidence obtained improperly/unlawfully: directed at condemning authorities behaviour rather than effect on the accused.
Can be used to exclude confessions but more usually for real evidence obtained by unlawful searches and unlawful entrapment. If certain evidence is obtained illegally or improperly - that particular item of evidence can be excluded (Bunning v Cross (1978) 141 CLR 54). Where police have induced someone to commit an offence illegally or improperly then all evidence can be excluded (Ridgeway [1994] HCA 33): see further entrapment.
"The competing public requirements must be considered and weighed against each other. On the one hand there is the public need to bring to conviction those who commit criminal offences. On the other hand s the public interest in the protection of the individual from unlawful and unfair treatment." Bunning v Cross
Can be used to exclude confessions but more usually for real evidence obtained by unlawful searches and unlawful entrapment. If certain evidence is obtained illegally or improperly - that particular item of evidence can be excluded (Bunning v Cross (1978) 141 CLR 54). Where police have induced someone to commit an offence illegally or improperly then all evidence can be excluded (Ridgeway [1994] HCA 33): see further entrapment.
"The competing public requirements must be considered and weighed against each other. On the one hand there is the public need to bring to conviction those who commit criminal offences. On the other hand s the public interest in the protection of the individual from unlawful and unfair treatment." Bunning v Cross
Seriousness/Gravity of Police Misconduct Is conduct accepted/encouraged by those in higher authority?
Is legislation to curtail police behaviour drafted narrowly? Would it have been easy to comply with the law? Was the law deliberately flouted/result of an honest mistake? |