Privilege Against Self Incrimination Flashcards
What is the purpose of privilege in legal proceedings?
To protect certain relationships and uphold fairness, such as the privilege against self-incrimination.
Is privilege the same as admissibility or competence?
No – it is a separate legal doctrine that allows a witness to refuse to answer certain questions.
What does the phrase nemo tenetur se ipsum accusare mean?
No one is bound to accuse themselves.
What does the privilege against self-incrimination protect?
It protects individuals from being compelled to give evidence that could incriminate themselves.
Which case laid out six immunities within the privilege?
R v Director of SFO, ex p. Smith [1993] (per Lord Mustill)
What case connects the privilege to Article 6 ECHR?
Saunders v UK (1996) – recognised it as a cornerstone of a fair trial.
What did Sorby v Commonwealth (1983) emphasise?
That coerced confessions undermine justice.
What constitutional rights support the privilege in Ireland?
Article 38.1 (due course of law), Article 40.3 (personal rights), Article 40.6.1 (freedom of expression)
What case found s.52 of the Offences Against the State Act 1939 unconstitutional?
Heaney v Ireland [1996]
What was the European Court’s view in Heaney & McGuinness v Ireland?
That the compulsion under s.52 violated Article 6 ECHR.
Can silence generally be used against the accused?
No, unless statute specifically permits it.
What did DPP v Finnerty [1999] establish?
No adverse inference may be drawn from silence during Garda questioning.
What did DPP v Lavery [2002] hold?
Silence at trial cannot result in adverse inferences.
What do s.18–19A of the Criminal Justice Act 1984 permit?
Inferences from silence during Garda interviews.
What are conditions for s.19A inferences?
Arrestable offence, Prior warning, Fact is within personal knowledge, Interview recorded, Legal advice available
Can inferences alone lead to conviction?
No – they can support but not replace other evidence.
What does s.2 of the Offences Against the State (Amendment) Act 1998 allow?
Inferences from silence about membership in unlawful organisations.
What does s.7 of the Drug Trafficking Act 1996 provide?
Inferences where an accused fails to disclose facts later used in defence.
Is an accused compelled to testify?
No – they are competent but not compellable under s.1(a) CJA 1924.
Can the prosecution comment on an accused’s silence at trial?
No – prohibited by s.1(b) CJA 1924.
What did Re National Irish Bank [1999] decide?
Company officers could be compelled to cooperate, but confessions must still be voluntary.
What about Dunnes Stores v Ryan [2002]?
s.19 of the Companies Act 1990 was upheld – proportional and not unconstitutional.
