The Privilege Against Self-incrimination and Criminal Justice

The Privilege Against Self-incrimination and Criminal Justice

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Description

The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. A logical implication of recognising a privilege against self-incrimination should be that a person is not compellable, on pain of a criminal sanction, to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offence. Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that, if provided, could be used in a subsequent prosecution of the person providing it. This book examines the operation of the privilege against self-incrimination in criminal proceedings in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998. Among the questions addressed are how the privilege might be justified, and whether its scope is clarified sufficiently in the relevant case law (does the privilege apply, for example, to pre-existing material?). Consideration is given where appropriate to the treatment of aspects of the privilege in Australia, Canada, India, New Zealand, the USA and elsewhere.show more

Product details

  • Hardback | 180 pages
  • 158 x 236 x 24mm | 439.99g
  • Bloomsbury Publishing PLC
  • Hart Publishing
  • Oxford, United Kingdom
  • English
  • New.
  • black & white illustrations
  • 1841133175
  • 9781841133171
  • 1,310,373

Review quote

The first book to be devoted to the operation of the privilege against self-incrimination in criminal procedings in England and Wales ... Professor Choo's book provides an excellent and timely analysis of this important subject -- Giles Renaud Criminal Law Quarterly The monograph displays the kind of careful, thorough and lucid scholarship that one has come to expect of the author. It is an important and significant contribution to the field. Anyone with an interest in criminal justice should read it. -- Ho Hock Lai Singapore Journal of Legal Studies [This book is] of interest to the Bench and Bar of this country as it provides numerous insights...Professor Choo's book provides an excellent and timely analysis of this important subject... -- Gilles Renaud Criminal Law Quarterlyshow more

About Andrew L.-T. Choo

Andrew Choo is a Professor of Law at City University London and a barrister at Matrix Chambers.show more

Table of contents

1. Introduction: Origins, Rationales and the Relevant Legal Framework 1. Origins and Rationales 1.1 Epistemic Considerations 1.2 Non-Epistemic Considerations 2. The Relevant Legal Framework 2.1 The Context: A 'Social' or 'Moral' Duty of Co-operation 2.2 Some General Principles 3. Organisation of the Book 2. The Jurisprudence of the European Court of Human Rights and the Response of the Law of England and Wales 1. Funke v France 2. Saunders v UK 3. Prosecutions for Failure to Provide (Accurate) Information 3.1 The Jurisprudence of the European Court of Human Rights Post-Funke v France 3.2 The Case Law in England and Wales 4. Use of 'Compelled Information' 4.1 'Use Immunity' 4.2 Is There a Principle of 'Derivative-Use Immunity'? 4.3 Is the Information 'Compelled Information'? 5. Concluding Comments 3. What Is 'Information'? 1. The Jurisprudence of the European Court of Human Rights 2. The Case Law in England and Wales 3. US Constitutional Law 3.1 Voice 3.2 Handwriting 3.3 Sobriety Testing 4. Australia 5. New Zealand 6. Canada 7. India 8. International Criminal Law: The ICTY 9. Concluding Comments 4. Identifying the 'Essence' of the Privilege 1. An 'Absolute' Right? 2. The Jurisprudence of the European Court of Human Rights 3. The Case Law in England and Wales 4. Canada 5. Concluding Comments 5. 'Indirect' Compulsion: Confessions and Inferences From Silence 1. Questioning Suspects 1.1 Mandatory Exclusion and Mandatory Directions 1.2 Legal Advice 1.3 Cautioning Suspects 1.4 Alternatives to Judicial Discretion 1.5 Police Informants 1.6 'Safety Interviews' 2. Adverse Inferences From Silence 2.1 Pre-Trial Silence 2.2 Silence at Trial 3. Concluding Comments 6. Concluding Thoughtsshow more