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(p. 386) 20. Private Privilege 

(p. 386) 20. Private Privilege
(p. 386) 20. Private Privilege

Martin Hannibal

and Lisa Mountford

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date: 03 December 2020

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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