Book Review: The Privilege Against Self-Incrimination and Criminal Justice By Andrew L-T Choo
Ho Hock Lai
Citation: [2014] Sing JLS 449
This is a book on the privilege against self-incrimination by a leading academic on criminal evidence and procedure. His work, particularly on the abuse of process and judicial stay of proceedings, has influenced decisions of the highest court in the United Kingdom and the Privy Council. The privilege against self-incrimination lacks a clear and widely accepted meaning. A helpful definition is provided in s 4 of the New Zealand Evidence Act 2006 (NZ), 2006/69. It is used by the author as a framing device. According to that definition, the privilege is the rule that a person may not be compelled, on pain of criminal sanction, to provide information that may lead to or increase the probability of his criminal prosecution. The focus is on the law in England and Wales as shaped by the jurisprudence on the European Convention on Human Rights [ECHR]. Comparative materials from the United States, Canada, Australia, New Zealand and India are also taken into account. As the author explains, the aim is to "highlight the doctrinal and theoretical issues that are of particular_x000D_
contemporary concern." (at p vii) He has succeeded well in this objective.