Andrew Choo

(Author)

The Privilege Against Self-Incrimination and Criminal Justice (UK)Hardcover - UK, 28 November 2013

The Privilege Against Self-Incrimination and Criminal Justice (UK)
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Part of Series
Criminal Law Library
Print Length
180 pages
Language
English
Publisher
Hart Publishing
Date Published
28 Nov 2013
ISBN-10
1841133175
ISBN-13
9781841133171

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.

Product Details

Author:
Andrew Choo
Book Edition:
UK
Book Format:
Hardcover
Country of Origin:
US
Date Published:
28 November 2013
Dimensions:
23.62 x 15.75 x 1.78 cm
Genre:
Law Studies
ISBN-10:
1841133175
ISBN-13:
9781841133171
Language:
English
Location:
New York
Pages:
180
Publisher:
Weight:
430.91 gm

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