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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