Privilege Flashcards
What is the privilege against self-incrimination?
Witnesses have a right not to be asked, and not to answer anything (or produce anything) that could incriminate them.
What is the test for self-incrimination?
It has to have a tendency to expose them to a charge that is reasonably likely to be preferred
What else can the court do to avoid privilege being invoked?
The court can put other protections in place - in particular a promise not to pursue charges from prosecutors
Does self-incrimination apply to civil wrongs?
No
Who can claim the privilege against self-incrimination?
A witness as long as they themselves would be incriminated.
It does not extend to spouses
Can a company claim the privilege against self-incrimination?
Yes - but it does not protect office holders, only the company
Who does the evidential burden of proving legal professional privilege lie with?
The party claiming privilege
Does privilege bind on cases of fraud crime or other iniquity?
No - documents produced in furtherance of the iniquity is privileged.
This is designed to stop a client seeking advice in the commission of the crime
If a solicitor gives evidence of facts provided at the time of a no comment interview, is this a waiver of privilege?
No - no advice, nothing produced for litigation.
It’s a useful way of challenging the inference of late fabrication.
Does it amount to a waiver of privilege if the accused reveals the basis or reason for the advice?
Yes
