9-Privilege in Criminal process

Question 1

what can a defendant do regarding privilege

Answer 1

Withhold documents and not answer questions

Question 2

what are the two types of privilege

Answer 2

legal advice privilege
litigation privilege
these can both occur at same moment or different

Question 3

what is legal advice privilege

Answer 3

this is legal advice through any communication between client and lawyer that has protection

Question 4

what is litigation privilege

Answer 4

confidential advice that is protected, however, this is normally when a legal procedure has been ordered (litigation must be in prospect)

Question 5

does a client have to have privilege

Answer 5

they are entitled to it however they can waiver it for example to avoid inferences from silence

Question 6

what is privilege against self incrimination

Answer 6

right to avoid criminal charge, penalty, forfeiture but does not apply when it is already known

Question 7

what does accused not have to answer questions on

Answer 7

incriminating questions to which he is not currently charged article 6 ECHR