Skip to content

Section 78: Exclusion of unfair evidence

Police and Criminal Evidence Act 1984 (1984 c. 60)

(1) In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

(2) Nothing in this section shall prejudice any rule of law requiring a court to exclude evidence.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reproduced from legislation.gov.uk as captured on 2026-07-13. Statute is amended over time — check the source below for the version in force. This is a reference, not legal advice.
View s.78 on legislation.gov.uk

Source: legislation.gov.uk, Crown copyright, Open Government Licence v3.0.