Privelage

Question 1

what is privelage?

Answer 1

where a witness does not need to answer questions from the court

Question 2

what are the 6 exceptions to the rule of privelage?

Answer 2

self incrimination
marrital comunications 
public intrest immunity 
legal adviser client 
settlement 
post litem matam

Question 3

does this appliy to civil and criminal cases?

Answer 3

yes

Question 4

which case shows that the judge should tell the witness when they dont need to answer questions?

Answer 4

kirkwood v kirkwood

Question 5

mist the witness be warned if they might incriminate themselves?

Answer 5

yes they must e.g can i advise my client that they may incriminate themselves when asked this question about e.g supplying drugs.

Question 6

what case demonstrates that there needs to be an actual possibility that they might incriminate themselves?

Answer 6

R v Cox Railton

Question 7

what are the limitations to self incrimination?

Answer 7

1. The witness must still be facing the real possibility of a criminal prosecution
2. privilege cannot be claimed where the answer might lead to civil liability being established
3. the privilege is preserved for these questions even although adultery is no longer a crime. that youve commited adultry.
4. admission comes in an affidavit as opposed to oral evidence, the privilege does not affect admissibility.
5. privilege can be removed by statute where the wider public interest outweighs the protection of the individual

Question 8

do you need to give evidence about marrital communications?

Answer 8

no you do not, in criminal cases you do but not in civil.