Self Incrimination in UK Law
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Self‐incrimination: Recent Developments
The privilege against self‐incrimination was invented by judges in 1645 to curb the excesses of their colleagues in the Court of Star Chamber. Since then, it has become embedded in the common Law w...
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THE PRIVILEGE AGAINST SELF‐INCRIMINATION
This briefing reviews the historical and recent development of the privilege against self‐incrimination and its partiadar relevance in the field of financial regulation. The author discusses the id...
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The privilege against self-incrimination
In ‘Rethinking the Privilege Against Self-Incrimination’, Mike Redmayne offered an ingenious proposal that both motivated the privilege and explained the difference between statements and other for...
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The Privilege against Self-Incrimination
This article revisits the different justifications of the privilege against self-incrimination and examines two topical issues, the relation between the privilege and documentary evidence and the a...
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Australia: The Privilege against Self‐Incrimination: Recent Developments
In a recent article, Dr John Breslin discussed European developments concerning the privilege against self‐incrimination (‘the privilege’). His comments related primarily to the Saunders case and s...
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The Ban on Self Incrimination after the Saunders Judgment
In most jurisdictions a suspect has the right to remain silent during criminal proceedings and he cannot be penalised for making false statements. This is loosely known as the ‘ban on self incrimin...
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The Privilege against Self-Incrimination from Early Origins to Judges' Rules: Challenging the ‘Orthodox View’
The history of the privilege against self-incrimination is one replete with contention and indeed confusion. This stems from the fact that the exact origin, initial purposes and very meaning of the...
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American Perspectives on Self-Incrimination and the Compelled Production of Evidence
The Fifth Amendment of the United States Constitution provides that no person may be compelled in any criminal case to be a witness against himself. The Boyd decision in 1886 recognised an intimate...
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Australia: The Privilege Against Self‐incrimination in Australian Civil Proceedings — The Decision in Reid v Howard
Courts around the world have, in recent years, spent much time and effort in trying to solve the problem of the privilege against self‐incrimination in civil proceedings. In Reid v Howard, the High...
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The Self-Incrimination Privilege in Care Proceedings and the Criminal Trial and ‘Shall Not Be Admissible in Evidence’
This article considers the suspension of the self-incrimination privilege in care proceedings and the consequences for respondents and defendants implicated in civil and criminal trials relating to...
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