R v Nottingham Magistrates Court ex parte Theobold, 2004 EWHC 1922
Citation: R v Nottingham Magistrates Court ex parte Theobold, 2004 EWHC 1922
Rule of thumb: If evidence has been obtained wrongfully by a prosecutor, can this be used in a criminal trial? No, this is called fruit of the poisoned tree & cannot be used.
Judgment:
A prosecutor must disclose how they have come into any evidence in the case. If it has been illegally obtained then it cannot be lodged, and if it prejudices the defence’s case, then the whole trial should be abandoned, ‘The defence may contend that the way in which the material came into the possession of the prosecutor needs to be investigated, and that the disclosure of the material had so prejudiced the conduct of the defence that the case should not proceed’.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.