You represent Shamira who is charged with blackmail (an indi…
You represent Shamira who is charged with blackmail (an indictable only offence). When the police searched her home, they found incriminating articles including photographs and a mobile phone from which texts to the alleged victim were sent. You take the view that the search was conducted in breach of PACE 1984 and the Codes of Practice and that the search breached Shamira’s right to privacy guaranteed by Article 8 of the European Convention on Human Rights (ECHR). At the start of the trial, you make an application under PACE s.78 to exclude the evidence seized during the search. Which point is the Judge likely to consider most important when determining your application?