Addressing the wall of silence

John Hatchard ()

Chapter 10 in Proving Corruption and Defending the Corrupt, 2025, pp 183-208 from Edward Elgar Publishing

Abstract: This chapter considers the tension between the right to silence and privilege against self-incrimination versus the need to provide for effective investigations, evidence gathering and prosecutions in corruption-related cases. This tension impacts the compulsory questioning powers of anti-corruption agencies, the enjoyment of legal professional privilege, and the limiting of pre-trial disclosure of evidence by the prosecution. However, the enjoyment of the right is not absolute, and the chapter explores how courts can address the tension through adopting the fairness principle.

Keywords: Right to silence; Privilege against self-incrimination; Compulsory questioning powers; Limit to legal professional privilege; The fairness principle (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035307463
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