Breaches of Code D will automatically result in the evidence being excluded under S78 PACE. The nature of the breach and the quality of the identification evidence is crucial when the court exercises its discretion under S78. Exclusion is not automatic - (R v Forbes)

Question

Quizplus · Accepted Answer

The statement that breaches of Code D will automatically result in evidence being excluded under S78 PACE is incorrect. The court has discretion under S78, and the decision to exclude evidence depends on the nature of the breach and the quality of the identification evidence, as highlighted in R v Forbes. Exclusion is not automatic.

Breaches of Code D Will Automatically Result in the Evidence