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judicial discretion


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The power of the court to take some step, grant a remedy, or admit evidence or not as it thinks fit. Many rules of procedure and evidence are in discretionary form or provide for some element of discretion. In criminal cases, under the provisions of the Police and Criminal Evidence Act 1984, the court may exclude prosecution evidence if its admission would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. The Court of Appeal is normally reluctant to review the exercise of discretion by trial judges.

Subjects: Law


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