Questionnaire England/Wales

I.18 What are the main technical/legal reasons?

This cannot be viewed as a separate reason to the expediency principle and the prosecutorial tests set out in Q 17 above. However, the evidential test may appear to be satisfied, when in fact crucial evidence is inadmissible at court. There are numerous legal reasons why evidence gathered may not be admissible at court. These include unlawful methods of collection and the hearsay rule. For these technical/legal reasons the CPS may decide not to prosecute as they will cause the evidential test not to be met.