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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.
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 jurisprudence of the European Court of Human Rights on this point is based upon the right to a "fair and public hearing" in Article 6(1) and the presumption of innocence in Article 6(2). The leading case on the privilege against self-incrimination as a part of this right is Saunders v United Kingdom (1996) 23 E.H.R.R. 313. Mr.
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.
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 ...
Under section 172 of the Road Traffic Act 1988, the two were obliged to provide the names and addresses of the drivers when the police enquired of them via a notice of intended prosecution. Francis claimed he had the right to remain silent to avoid self-incrimination under European law and refused to provide the information. [4]
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 ...