  As a matter of law, the answer depends on norms of criminal procedure and evidence. Some of these norms confer powers and permissions that help officials build their case against \(D\). Think of stop and search, intrusive forms of surveillance, and pre-trial detention. Other norms regulate the kinds of evidence that may be used against \(D\) in court. Think of hearsay, or statistical evidence, or evidence of \(D\)’s bad (or good) character (Ho 2008; Redmayne 2015). Yet other norms govern the way in which one aspect of the criminal justice system should respond to the misconduct of others. Imagine evidence against \(D\) was gathered illegally, or that \(D\) was entrapped, or that \(D\)’s case should have been discontinued according to the guidelines prosecutors set for themselves. Should the courts throw out \(D\)’s case, even where the evidence against \(D\) is strong? If so, on what grounds should they do so? (Ashworth 2000; Duff et al 2007, 225–257).