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Privilege Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Privilege notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

PRIVILEGE PRIVILEGED RELATIONSHIPS - GENERAL PRINCIPLE (a) a person entitled to claim privilege ma refuse to answer the Q put or disclose the document sought (b) if person entitled to claim privilege fails to / waives privilege, no other person may object (privilege is that of witness NOT parties) (c) party seeking to prove particular matter in relation to which his opponent / a witness claims privilege is entitled to prove matter by other evidence, if available (d) no adverse inferences may be drawn against party / witness claiming privilege

PRIVILEGE AGAINST SELF INCRIMINATION

? the rule o no one is bound to answer any Q or produce any document or thing if would have a tendency to expose him or his spouse to proceedings for a criminal offence or recovery of a penalty (s14 Civil Evidence Act)must create a real and appreciable risk of a criminal charge

? to whom does the rule apply?
o only the person claiming privilege o NOT to W's spouse o companies may be covered
? exceptions where privilege CANNOT be claimed o express statutory exceptions (a) does NOT protect D from answering Qs in current proceedings (b) civil proceedings for recovery / administration of property for execution of a trust / for account of property / dealings with property under Theft Act

(c) certain prosecutions under Fraud Act (generally breach of fiduciary duty) (d) certain prosecutions under Insolvency Act (e) s98 of Children Act - proceedings re: case, protection and supervision of children

(f) certain proceedings under Banking Act 1987 o implied statutory exceptionsprivilege impliedly abrogated if power created by statute otherwise ineffective

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