| NCJ Number: |
209597  |
| |
|
| Title: |
Abrogation of the Privilege Against Self-Incrimination |
| |
|
| Document: |
PDF |
| |
|
| Date Published: |
December 2004 |
| |
|
| Annotation: |
This report explores the circumstances under which the privilege against self-incrimination may be abrogated in Australia. |
| |
|
| Abstract: |
While the privilege against self-incrimination protects individuals from making disclosures to the court that might prove one’s guilt, there are circumstances in which this right may be abrogated, such as when investigating authorities need to obtain information about particular situations. This report focuses on the general principles relating to abrogation of the privilege against self-incrimination and the related penalty provision in Australia. The development of a framework for rationalizing legislative provisions that abrogate these privileges is explored. Rationales for the privileges are described, as are arguments against these privileges, which center on the prosecution’s ability to collect evidence and victims’ rights concerns. The type of information protected by these privileges is contrasted to the type of information not protected under the privileges. Justifications for abrogation are explored and the issue of implied abrogation is discussed. Also examined in this report is the type of forum where abrogation of privileges may take place and how information obtained under compulsion may be utilized, which includes a detailed exploration of immunity and exceptions to immunity. Finally, provisions that refer to the Commissions of Inquiry Act 1950 are examined, as are related legislation in Queensland and in other Australian jurisdictions. Recommendations are offered and a draft legislation enabling the implementation of the recommendations is presented. Footnotes, appendixes |
| |
|
| Main Term(s): |
Right against self incrimination |
| |
|
| Index Term(s): |
Human rights; Investigations; Legislation |
| |
|
| Publication Number: |
ISBN 0 7242 7747 1 |
| |
|
| Sponsoring Agency: |
Queensland Law Reform Cmssn
Brisbane Qld 4003, Australia |
| |
|
| Corporate Author: |
Queensland Law Reform Cmssn
Australia |
| |
|
| Sale Source: |
Queensland Law Reform Cmssn
PO Box 13312
George Street Post Shop
Brisbane Qld 4003,
Australia |
| |
|
| Page Count: |
151 |
| |
|
| Format: |
Document |
| |
|
| Type: |
Legislation/Policy Analysis |
| |
|
| Language: |
English |
| |
|
| Country: |
Australia |
| |
|
| Note: |
Queensland Law Reform Commission Report No. 59 |
| |
|
|
|
| |
|
|
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=209597 |
| |
|
