The Privilege Against Self-Incrimination and Criminal Justice: 10 (Criminal Law Library) - Hardcover

Andrew L-T Choo

Hardcover

ISBN 10: 1841133175 ISBN 13: 9781841133171

Publisher: Hart Publishing, 2013

Synopsis

The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. Logically, recognition of a privilege against self-incrimination should mean that a person cannot be compelled to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offense. Yet, there are many statutory provisions in England and Wales allowing demands for information that, if provided, could be used in a criminal prosecution, and, if not provided, could result in a criminal prosecution for the failure to provide it. This book examines the operation of the privilege in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998 on the development of the principle. Among the questions addressed are whether the relevant case law clarifies sufficiently what the potential scope of the privilege is (does it apply, for example, to pre-existing material?), and how the privilege might be justified. Consideration is given where appropriate to the approaches taken in jurisdictions, such as the US, Canada, and New Zealand. (Series: Criminal Law Library - Vol. 10)

About this title

Review:

The first book to be devoted to the operation of the privilege against self-incrimination in criminal procedings in England and Wales ... Professor Choo's book provides an excellent and timely analysis of this important subject -- Giles Renaud * Criminal Law Quarterly * The monograph displays the kind of careful, thorough and lucid scholarship that one has come to expect of the author. It is an important and significant contribution to the field. Anyone with an interest in criminal justice should read it. -- Ho Hock Lai * Singapore Journal of Legal Studies * [This book is] of interest to the Bench and Bar of this country as it provides numerous insights...Professor Choo's book provides an excellent and timely analysis of this important subject... -- Gilles Renaud * Criminal Law Quarterly *

About the Author:

Andrew Choo is a Professor of Law at City University London and a barrister at Matrix Chambers.

About this edition

• Publisher: Hart Publishing
• Publication date: 2013
• ISBN 10: 1841133175
• ISBN 13: 9781841133171
• Binding: Hardcover
• Number of pages: 180