BPTC Law Notes BPTC Civil Ligitation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
PRIVILEGE AGAINST SELF- INCRIMINATION
Under the privilege no person is obliged to reveal a fact if doing so renders it reasonably likely that proceedings will be commenced that expose him to the risk of any criminal (NOT CIVIL liability or criminal liability under foreign law but can extent to penalties under EC law) charge or sanction
R v Boyes: the risk of prosecution and punishment must be real and appreciable with reference to the ordinary operation of the law in the ordinary course of things not a danger if an imaginary and unsubstantial character.
Therefore the evidence must create the risk of incrimination. If there is already strong evidence against the witness on the matter to which the privilege is said to relate, the privilege will not apply. Also, if the risk can be avoided the privilege will not apply.
The court must decide if such a danger exists, but doubt will be resolved in favour of the party or W. the objection must be taken personally by W on oath.
The privilege extends not only to the evidence that the person might give but to documents, items or information that the person is requested to provide during proceedings.
TO WHOM IT APPLIES:
The privilege applies only to the...
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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