Contents

Recommendations

Chapter 4 Improperly obtained evidence

R8 We recommend amending s 30(2)(b) to read “if the Judge finds that the evidence has been improperly obtained, determine whether or not the exclusion of the evidence is proportionate to the impropriety by means of a balancing process that gives appropriate weight to the impropriety and takes proper account of the need for an effective and credible system of justice.”