Ancient and Modern – 27 August 2004
Is evidence obtained under torture admissible in this country? Yes, argues Lord Justice Laws, as long as it comes from a state where Home Secretary David Blunkett has no powers to stop it, and he does not ‘promote’ or ‘connive at’ it. The ancients understood perfectly well that the value of evidence from torture could be flimsy, especially when it was to be used against other people (evidence from slaves under torture against their masters was not accepted by Romans, unless, for example, treason was involved). But this did not stop them using it far more widely than we ever would. There is, however, another principle at work. The notoriously