Appeal judges disregard self-incrimination privilege

The age-old privilege against self-incrimination has been disregarded by the Court of Appeal in a case involving potentially incriminating computer evidence.

In C plc v P the court overturned the ancient common law privilege that someone should not be condemned purely by their own testimony in a court of law. The appeal judges upheld the High Court’s earlier ruling that the privilege was always confined to oral testimonial evidence and could not be extended to protect documents, data or other materials. P, an IT expert, was sued by his former employer for allegedly removing confidential material. When the police came with a civil search order he asserted his right to claim privilege against disclosure on the grounds the computer files contained illegal pornographic images of children. However, the court’s ruling means the files can be disclosed in court during any subsequent prosecution against him.

Pannone partner Alex Megaw, representing the defendant, says: “That basic ‘privilege against self incrimination’ has been developed over the ages to the privilege we know today which includes the privilege