Rule of exclusion of unlawful evidence under English law A comparative study (Qatari legislation - Egyptian legislation)

Document Type : Original Article

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Faculty of Law - Mansoura University

Abstract

The study aimed to identify the position of English law on the rule of excluding illegal evidence compared to the two legislations (Qatari and Egyptian). Individuals lose confidence in the law and its justice even though it was designed to protect them. English law adopts a flexible approach in adopting the rule of excluding illegal evidence, It specified certain cases in which the court must apply the rule of excluding unlawful evidence, and in other cases it leaves the court with discretion to adopt the rule as it deems appropriate. He gave the judge wide discretionary power to consider the evidence presented to him, but he restricted it by not allowing the judgment to be based on evidence that was not presented to him, and evidence that was obtained through illegal means.

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