Admitting irregularly or illegally obtained evidence from abroad into criminal proceedings - A common law approach

A review of cases from a variety of common law jurisdictions reveals that when evidence has been obtained from abroad for use in domestic criminal proceedings in what would be considered under domestic law as irregular or even unlawful circumstances, a broadly inclusionary approach has been adopted towards the admissibility of that evidence. This has resulted in a lower standard of protection for the defendant in such circumstances, which, it is submitted here, undermines the integrity of the criminal justice system in question.