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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


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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