OpenLegislation

Article 76 Exclusion of unfair evidence

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In any criminal 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 Article shall—

(a)

prejudice any rule of law requiring a court to exclude evidence; F1. . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Art. 76(2)(b) and the word immediately preceding repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.

Notes on the whole Order

Textual amendments

F1

mod. by 2005 c. 2