23 Essex Street

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Alex Mills
Alex Mills

23 Essex Street

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Flora Page
Flora Page

23 Essex Street

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1 Contributions by 23 Essex Street Experts

PACE 1984 Section 78 Applications to Exclude Identification Evidence for Code D Breaches: Practical Checklist (England and Wales)
CHECKLISTS
PACE 1984 Section 78 Applications to Exclude Identification Evidence for Code D Breaches: Practical Checklist (England and Wales)
Checklist This Checklist outlines the principal matters and actions practitioners should address when formulating an application under section 78 of the Police and Criminal Evidence Act 1984 (PACE 1984) to bar identification evidence owing to non‑compliance with Code of Practice D (PACE Code D). It also addresses relevant disclosure obligations, the relationship with the Turnbull guidelines and the Crown Court Compendium, and the court’s ongoing authority to exclude or confine identification evidence during the trial. For guidance on applications under PACE 1984, s 78 to exclude evidence, see the Practice Note: Exclusion of unfair evidence in criminal proceedings. For comprehensive advice on contesting identification evidence, see the Practice Note: Challenging visual identification evidence...
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