Human Right Questions

1 Fagin is using his house to sell drugs. A consequence of buyers come to his door at all in all hours of the day
and night. His neighbour pass has fitted a video camera to his garage pointing at Fagins front
door, which allows Twist to see inside the house and to record all activities. He later hands the film
to the police.
Fagin is arrested and taken into police custody. Fagins solicitor comes to visit him at the police
station. The police set up a listening device which records admissions by Fagin to his solicitor that
he is dealing in drugs. The police interview Fagin and tell him incorrectly that his fingerprints have
been found on the packets of drugs found at his home. Fagin then admits in interview that he has
been dealing in drugs.
Fagin is sent to the summit Court for trial.
(a) Explain whether secern from the camera, showing pictures of Fagin supplying drugs to
customers, is in all likelihood to be admitted by the judge. [10]
(b) Explain whether evidence of the recordings of admissions made by Fagin to his solicitor is
credibly to be admitted by the judge. [10]
(c) Explain whether evidence of Fagins confession in the police interview is likely to be admitted
by the judge. [10]
(d) Assess the impact of the Human Rights operate 1998 upon the development of English Law using
examples from case law.



[20]
Source material
jurisprudence and Criminal Evidence Act 1984 s.78(1)
In any proceedings the court may refuse to allow evidence on which the prosecution proposes to
rely to be given if it appears to the court that, having go out 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.
European Convention on Human Rights
Article 6
(1) In the closing of his civil rights and obligations or of any criminal charge against him,
everyone is empower to a fair and public hearing.
Article 8
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