Admissibility in Criminal Proceedings of Third Party and Real Evidence Obtained by Methods Prohibited by UNCAT

This article is about the admissibility in criminal proceedings of evidence which is directly or indirectly the product of torture or ill-treatment of a third party who is not available to give oral evidence. The focus is the consistency between public international law, particularly the little-studied Article 15 of the United Nations Convention Against Torture and other Cruel, Inhuman and Degrading Treatment and Punishment (UNCAT), and English domestic law in the immediate aftermath of the Court of Appeal's decision in A v Secretary of State for the Home Department (No. 2).