Preparing a PACE 1984 s 78 application for breach of Code D—checklist

Produced in partnership with Paul Ozin KC of 23 Essex Street and Alex Mills of 23 Essex Street

Checklists

Preparing a PACE 1984 s 78 application for breach of Code D—checklist

Produced in partnership with Paul Ozin KC of 23 Essex Street and Alex Mills of 23 Essex Street

Checklists

For information on applications to exclude evidence under section 78 of the Police and Criminal Evidence Act 1984 (PACE 1984), see Practice Note: Exclusion of unfair evidence in criminal proceedings.

For detailed guidance on challenging identification evidence, see Practice Note: Challenging visual identification evidence.

In all cases practitioners should have in mind:

•
The test for exclusion of evidence—PACE 1984, s 78:
1. ◦
  in any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely 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. ◦
  PACE 1984, s 78 does not involve the exercise of a ‘discretion’ but rather the exercise of a judgment by the trial judge in evaluating whether, on the particular facts of the

Paul Ozin, KC

23 Essex Street

Paul Ozin KC specialises principally in the fields of financial and business crime, regulatory and disciplinary proceedings and related public law and civil actions. He is an established writer and speaker in those fields.

He has particular expertise in defending and prosecuting in financial crime cases (including company, business, revenue, market related, advance fee, factoring, bribery and corruption, money laundering, confiscation and asset recovery). He is well placed to deal with the whole landscape of financial crime cases, with complementary expertise in regulatory and disciplinary proceedings including police and financial regulatory and disciplinary proceedings.

He is appointed to the SFO's list of KCs. His past appointments include: Standing Counsel in crime to BEIS (Department of Business, Energy & Industrial Strategy); SFO's Panel of Advocates ' List A; CPS Panel of Advocates ' Level 4 (and appointment at level 4 to specialist panels: (i) Serious Crime Group panel (ii) Fraud panel); Specialist Regulatory Advocates in Health and Safety and Environmental Law List ' List A. He is instructed in cases brought by the other principal prosecutors of serious fraud cases: the CPS Specialist Fraud Division and the Financial Conduct Authority.

His publications include: 'PACE: A practical Guide to the Police and Criminal Evidence Act 1984', Ozin & Norton (OUP); now in its 4th Ed (2015); 'Financial Crime Update' in 'Butterworth's Journal of International Banking and Financial Law' (sometime author; and coordinating editor to 2013).

He is consistently highly ranked in the leading legal directories. In 'Legal 500 UK Bar 2017-18', he is ranked as a Silk in 3 categories: (1) Business and regulatory crime (including global investigations); (2) Fraud: Crime; and (3) Professional discipline and regulatory law.

Alex Mills

23 Essex Street

Alex Mills has a diverse criminal law (prosecution and defence) and regulatory law practice. In recent years he has represented or advised SFO, FCA, CPS, the Insolvency Service, the Metropolitan Police and defendants in a relation to criminal investigations, investigatory powers, criminal proceedings, confiscation and restraint. He has experience of the Money Laundering Regulations. His regulatory practice is divided between representing the regulators of financial professionals (ACCA, the Taxation Disciplinary Board) and the major healthcare regulators (GMC, GDC).

Jurisdiction(s):

United Kingdom

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