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10 January 2008 / Susan Edwards
Issue: 7303 / Categories: Features , Legal services , Procedure & practice , Profession
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A gap in the ring fence?

Does automatic disclosure mean no more refuge in self-incrimination privilege? Susan Edwards investigates

The Family Proceedings (Amendment No 4) Rules 2005 (SI 2005/1976) (FPR)—unlike the former Family Proceedings Rules 1991 (SI 1991/1247)— permit disclosure, to police and prosecutors investigating and initiating criminal proceedings, of documents, admissions and inculpatory statements made by parties in care proceedings. This includes the judge’s finding of fact in such proceedings without application to the court.

 

While it may be argued that these changes are merely procedural and have not fundamentally altered any principle of evidence or of justice, courts will now be presented with an increasing number of applications by prosecutors to admit in evidence information and admissions made in care proceedings into criminal proceedings. There is an urgent and pressing need for the jurisprudence on exclusionary discretion in the criminal courts to develop and provide some certainty.

 

SELF INCRIMINATION

In the course of a criminal investigation, and at trial, the suspect/defendant has the

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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