Self Incrimination Priviliege

Question 1

General info

Answer 1

Sometimes evidence from witness is admissible and relevant and witness is competent but they can refuse to answer certain questions

They are said to have privilege of not answering

Witnesses cannot be forced to answer a question where they find it may incriminate them

Question 2

Livingstone
V
Murray

Answer 2

Witness in civil criminal trial cannot be forced to answer a question where feel it might incriminate them

Privilege against self incrimination

Accepted by Scots law for some time

“Inviolable principle”

Question 3

Kirkwood
V
Kirkwood

Answer 3

Witnesses are not expected to refuse to answer in a situation without guidance as may not be aware privilege exist

Thus seen as duty of court to advise witness of privilege when question seems likely to lead towards incriminating evidence

Question 4

R
V
Cox and railton

Answer 4

Where a witness wishes to claim privilege judge will have to decide if answer is liable to incriminate witness

Usually obvious

Where not judge will have to enquire as to what answer would be

“Secret must be told to see if it should be kept”

Question 5

Limitations upon privilege

Answer 5

1. Not applicable where witness not at risk of conviction
2. Cannot be claimed where answer May lead to civil liability, answer must implicate in crime (with exception of adultery)
3. Questions designed to elicit evidence of adultery, privilege is preserved
4. Can be removed by statute where wider public interest outweighs the protection of the individual

Eg RTA 1988 - must supply details on driver at request of police