What is the general rule? And which 2 cases support this?
Such evidence shouldn't be used in criminal trials (Saunders, Saunders v UK)
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Which statutory provision supports the general rule?
s.59 YJCEA
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What did ECtHR hold in Saunders v UK?
Using evidence gained under compulsion would violate art.6 ECHR - but law compelling parties to answer in non-judicial enquiries was permissible
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If evidence gained under compulsion can't be used by P at trial, how else might it prove useful?
E.g. finding and following leads
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Info gained under compulsion can be used where D is prosecuted for an offence involving a failure to disclose - give a case example
A and S: Ds were forced to hand over passwords
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Which type of offence allows admission of evidence obtained under compulsion (statutory provision)?
Road traffic offences (see s.172 RTA 1988)
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Which case held that s.172 RTA 1988 didn't breach art.6 and might be relied on at trial?
Brown v Stott (involves a balancing of right against self-incrimination + public interest in enforcing road traffic laws)
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In which ways does O'Halloran and Francis v UK deviate from Saunders?
Uses public interest argument to justify use of info + takes privilege violation less seriously when less is at stake
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Did O'Halloran and Francis decide that right to silence is or is not absolute?
Is not absolute
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Name 4 factors relevant in deciding whether there is a breach of art.6
Degree + directness of compulsion, where disclosure requirement is part of a scheme to which people voluntarily submit, nature of requirement (whether it is simple, specific, limited), where P needs to show more evidence to fulfil offence requirement
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What were the facts in Allan v R?
A was silent at trial but had made incriminating remarks to his cellmate (an informer), which were secretly recorded
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What did the Court hold in Allan v R?
Evidence of remarks made by A should've been excluded because informer's evidence had been obtained by state agent conducting a covert investigation
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What did the Court hold in Allan v UK regarding A's privilege against self-incrimination?
Extends to coercion, compulsion + undermining of suspect's freedom (not) to speak
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Other cards in this set
Card 2
Front
s.59 YJCEA
Back
Which statutory provision supports the general rule?
Card 3
Front
Using evidence gained under compulsion would violate art.6 ECHR - but law compelling parties to answer in non-judicial enquiries was permissible
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