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Criminal Litigation

Criminal Litigation (17th edn)

Lisa Mountford and Martin Hannibal
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date: 04 October 2022

p. 38820. Private Privilegelocked

p. 38820. Private Privilegelocked

  • Martin Hannibal
  •  and Lisa Mountford

Abstract

The term ‘private privilege’ relates to separate privileges that prevent evidence from being disclosed in litigation, or witnesses from being compelled to answer questions at trial. In a criminal case, privilege may be claimed in two situations: legal professional privilege and the privilege against self-incrimination. This chapter discusses legal professional privilege in criminal cases; legal professional privilege and the courts; waiving legal professional privilege; the privilege against self-incrimination; and the privilege against self-incrimination and the European Convention on Human Rights 1950.

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