Testimony II Flashcards
The effect of a claim of privilege
Information is withheld from the court which might be of assistance in determining the case
Types of privilege
- Communications with legal advisors s54
- Solicitors trust accounts s55
- Preparatory materials for proceedings s56
- Settlement negotiations or mediation s57
- Communications with Ministers of religion s58
- Information obtained by medical practitioners and clinical psychologists s59
- Privilege against self-incrimination s60
- Informer privilege s64
Legal professional privilege
What communication is privileged?
Communication with a legal advisor for the purpose of seeking or obtaining legal services s54
Communication with a legal advisor regarding any contemplated proceeding s56
Privilege for information attained by medical practitioners and clinical psychologists
Applies to who?
Applies to the person who consults or is examined for drug dependency or any other condition or behaviour that may manifest itself in criminal conduct
Does not apply to a person required by an order of a judge or other lawful authority to be examined
Define Informer
Someone who is supplied, gratuitously or for reward, information to sn enforcement agency of the possible or actual commission of an offence with the expectation that identity their will not be disclosed.
An Informer may be undercover police
What is covered by confidentiality
s76 Protects the confidentiality of jury deliberations
s68 The identity of a journalists informant
s69 allows the judge to prevent disclosure of confidential information after weighing up various factors to determine if the public interest justifies protection of the material.
Sec 121 Corroboration
Evidence does not need to be corroborated except for which offences?
Perjury s108
False oaths s110
False statements or declarations s111
Treason s73
What is self incrimination?
The provision of information buy a person that could lead to the prosecution of that person for a criminal offence
