Archive for the 'self-incrimination' Category

High Court extends ability to strip people of right not to self-incriminate – OUT-LAW.com

“People accused of misusing confidential commercial or technical information have lost the right to avoid self-incrimination in court cases, following a High Court ruling.”

Full story

OUT-LAW.com, 3rd March 2011

Source: www.out-law.com

Gray v News Group Newspapers Ltd and another; Coogan v Same – WLR Daily

Gray v News Group Newspapers Ltd and another; Coogan v Same [2011] EWHC 349 (Ch); [2011] WLR (D) 65

“The words ‘technical or commercial information’ in the definition of ‘intellectual property’ in section 72(5) of the Senior Courts Act 1981, section 72 (1) of which provided for the withdrawal of privilege against self or spousal incrimination in proceedings for, inter alia, infringement of rights pertaining to any intellectual property, meant technical or commercial information which could be protected by action.”

WLR Daily, 28th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) – WLR Daily

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268

“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”

WLR Daily, 26th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BTA Bank JSC v Ablyazov and others – WLR Daily

“The privilege against self-incrimination in respect of an offence under s 328 of the Proceeds of Crime Act 2002 (entering or becoming concerned in an arrangement which facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person) was removed by s 13 of the Fraud Act 2006. The s 328 offence was a ‘related offence’ for the purposes of s 13(4)(b) of the 2006 Act.”
WLR Daily, 30th October 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v K (Matrimonial proceedings: Privilege against self-incrimination) – Times Law Report

Regina v K (Matrimonial proceedings: Privilege against self-incrimination)

Court of Appeal (Criminal Division)

“While information disclosed under compulsion in matrimonial ancillary relief proceedings was not admissible in criminal proceedings, admissions made in withoutprejudice negotiations were not inadmissible.”

The Times, 19th August 2009

Source: www.timesonline.co.uk

R v K(A) – WLR Daily

R v K(A) [2009] EWCA Crim 1640; [2009] WLR (D) 269

“A party to ancillary relief proceedings was not entitled to invoke the privilege against self-incrimination to withhold information about his income and assets that exposed him to a risk of prosecution but since he would in those circumstances be acting under compulsion the information he provided would not be admissible against him in criminal proceedings.”

WLR Daily, 31st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Rottmann (a Bankrupt) – Times Law Reports

In re Rottmann (a Bankrupt)

Court of Appeal

“The court had power to order the examination of a bankrupt be conducted in private where foreign criminal proceedings had been instituted against him.”

The Times, 27th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Rottmann v Brittain; In re Rottmann (a bankrupt) – WLR Daily

Rottmann v Brittain; In re Rottmann (a bankrupt); [2009] WLR (D) 101

The court had power to suspend the public examination of a bankrupt pursuant to s 290 of the Insolvency Act 1986 and order the examination to be conducted in private where foreign criminal proceedings had been instituted against the bankrupt.”

WLR Daily, 18th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Regina v S(F) and A(S) – Times Law Reports

Regina v S(F) and A(S)

Court of Appeal

“The key or password which provided access to an encrypted computer file was a fact. It did not constitute an admission of guilt. But knowledge of the key might be incriminating if the data contained incriminating material.”

The Times, 15th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R v S (F) and A(S) – WLR Daily

R v S (F) and A(S); [2008] WLR (D) 313

“The key or password to an encrypted computer file was a fact which did not constitute an admission of guilt. Only knowledge of it might be incriminating if the data contained incriminating material.”

WLR Daily, 10th October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Rottmann (a Bankrupt) – Times Law Reports

In re Rottmann (a Bankrupt)

Chancery Division

“The court had power to adjourn the hearing of the public examination of a bankrupt and order the examination to be conducted in private where foreign criminal proceedings had been instituted against him.”

The Times, 16th July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Police to use text message tactics to snare rape suspects – The Guardian

“Police and prosecutors in rape cases are set to experiment with controversial techniques designed to make suspects incriminate themselves through phone calls or text messages.”

Full story

The Guardian, 14th January 2008

Source: www.guardian.co.uk

Kensington International Ltd v Republic of Congo and Others – Times Law Reports

Kensington International Ltd v Republic of Congo and Others

Court of Appeal

“The defence of self-incrimination was not available against an order requiring disclosure of documents concerning alleged payment of bribes.”

The Times, 30th November 2007

Source: www.timesonline.co.uk

Please note: the Times Law Reports are only available free on Times Online for 21 days from the date of publication

Kensington International Ltd v Republic of Congo (Vitol Services Ltd and others, third parties) – WLR Daily

Kensington International Ltd v. Republic of Congo (Vitol Services Ltd and others, third parties)

“On the proper construction of s 13 of the Fraud Act 2006, proceedings for the recovery of a debt were ‘ proceedings relating to property’ within the meaning of s 13(3) and bribery, whose essential feature was deception, was an offence involving ‘fraudulent conduct or purpose’ within the meaning of s 13(4) (b).”

WLR Daily, 8th November 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judges’ ruling challenges a traditional right – The Times

“Senior judges have dealt a blow to the ancient legal principle that a person is protected from incriminating himself.”

Full story

The Times, 29th May 2007

Source: www.timesonline.co.uk

C plc and Another v. P – Times Law Reports

Civil search order discloses potential criminal liability

C plc and Another v. P

Court of Appeal

“Where the execution of a civil search order led to the discovery of obscene images of children, the common law privilege against self-incrimination did not prevent the court from directing that the material be passed to the police.”

The Times, 29th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

C plc and another v. P (Attorney General intervening) – WLR Daily

C plc and another v. P (Attorney General intervening) [2007] EWCA Civ 493 

The common law privilege against self-incrimination could not be invoked in relation to illegal material found on a computer in the execution of a civil search order.”

WLR Daily, 22nd May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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