The the common law privilege against self-incrimination: has it been abolished

Shair Mohamad, Mohd Akram and Kamarudin, Abdul Rani (2016) The the common law privilege against self-incrimination: has it been abolished. In: Kuala Lumpur International Business, Economics and Law Conference (KLIBEL 9), 16th-17th April 2016, Kuala Lumpur.

PDF - Published Version Restricted to Repository staff only Download (1MB)

Abstract

It is an inveterate principle of the common law, adopted by common law jurisdictions that any person cannot be compelled to answer any questions that may incriminate himself. This privilege against answering self-incriminating questions can only be abrogated by statute, expressly or by necessary implication. Though, this privilege has been much criticised as being obsolete, particularly in civil cases because it can prevent much relevant and strongly probative evidence from being disclosed in litigation, nevertheless, it still has a hallowed place in criminal cases. However, recent judicial decisions in Malaysia have blatantly held that this privilege against self-incrimination has gone, though the section concerned does not expressly abrogated the privilege. The purpose of this paper is to argue that in Malaysia, the privilege has not been abrogated, but is still intact.

Item Type:	Conference or Workshop Item (Invited Papers)
Additional Information:	2226/50390
Uncontrolled Keywords:	privilege, compellability of witness, right to remain silent.
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	Assoc. Prof Dr. Abdul Rani Kamarudin
Date Deposited:	14 Jun 2016 14:21
Last Modified:	03 Nov 2016 14:55
URI:	http://irep.iium.edu.my/id/eprint/50390

Actions (login required)

View Item