“Critically evaluate the importance of judicial discretion to exclude evidence, with particular regard to evidence unlawfully, improperly or unfairly obtained and consider how, if at all judicial discretion has been affected by the Human rights act 1998. Two part question: 1) How important is the discretion to exclude evidence? 2) How much has judicial discretion been affected by the human rights act?”

The introduction of the Human rights act 1998 have in many ways sent shockwaves throughout UK legal institutions, affecting almost every aspect of the law to a certain degree. The rules and regulations concerning evidence law and the interpretations of the subsequent rules and practices have, as a result, been scrutinized in the light of which the Human rights Act have provided.

In this essay, we are initially going to look at the importance of the discretion to exclude evidence. The aim is to enable the reader to obtain a general knowledge within this area of law, before approaching the core issue; as to what extent, if any, has the Human Rights act 1998 influenced decisions and interpretations of judicial discretion….(short extract)