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the right to remain silent under police questioning and the privilege against self-incrimination are generally recognised international standards which lie at the heart of the notion of a fair procedure under Article 6. [19] In the 2007 case of O'Halloran and Francis v.
As Lord Mustill said in R v Director of the Serious Fraud Office, Ex parte Smith [1993] A.C. 1, 30-31, the expression "privilege against self-incrimination" or "right to silence" is used to refer to several loosely linked rules or principles of immunity, differing in scope and rationale. Perhaps the best known example is the rule that a person ...
In criminal law, self-incrimination is the act of making a statement that exposes oneself to an accusation of criminal liability or prosecution. [1] Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily ...
The pre-trial operation of the privilege against self-incrimination was further buttressed by the decision in Ibrahim v R [1914] AC 599 that an admission or confession made by the accused to the police would only be admissible in evidence if the prosecution could establish that it had been voluntary. An admission or confession is only voluntary ...
The Court rejected this argument, deciding that Parliament had clearly provided in the 1985 Act that answers given to DTI Inspectors may be admitted in evidence even though such admittance might override the privilege against self-incrimination. Saunders had also appealed to the ECtHR, lodging his application on 20 July 1988.
Other common forms include privilege against compelled self-incrimination (in other proceedings), without prejudice privilege (protecting communications made in the course of negotiations to settle a legal dispute), public interest privilege (formerly Crown privilege, protecting documents for which secrecy is necessary for the proper ...
The accused also benefits from a limited right to silence and the privilege against self-incrimination. [159] Confessions are admissible as evidence under certain conditions laid down in the Police and Criminal Evidence Act 1984. [160] The accused additionally benefits from a presumption of innocence. [161]
[8]: r. 20 Witnesses may be compelled to testify subject to the privilege against self-incrimination. [ 8 ] : r. 22 If there are matters of national security or matters which relate to sensitive matters then under Schedule 1 of the Coroners and Justice Act 2009 an inquest may be suspended and replaced by a public inquiry under s.2 of the ...