What would happen to evidence gained from unlawful search?

[Meteora]

If the police gained evidence from a search but later the search was deemed unlawful, is that evidence likely to be excluded? Would the CPS likely try to discontinue proceedings? Can an abuse of process be argued also?

[atticus]

q1. Not necessarily
q2. Not necessarily
q3. Yes, it can be argued.

[atticus]

I should add that very often with questions such as this it is helpful to know what is going on and what you are driving at, so that we can give answers that are useful to you.

[Meteora]

Hi Atticus,

I was charged with a serious crime which I didn't think I would be, especially as the CPS were sent the finish file all the way back in January and I didn't hear anything back (Could this be an abuse of process because of a delay? I spoke to an officer online who said I should have heard back a long time ago)

I started researching the law extensively and realised my arrest was unlawful as there was clearly no necessity for arrest as I've also seen from previous documented court cases, as well as other PACE breaches that occurred during arrest and in custody

[dslippy]

English courts look to see whether the case can proceed without your defence having been seriously compromised.

It is very likely that it can.
Concentrate on your case.