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

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 im...

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Main Authors:	Shair Mohamad, Mohd Akram, Kamarudin, Abdul Rani
Format:	Conference or Workshop Item
Language:	English
Published:	Zes Rokman Resources 2016
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/50390/ http://irep.iium.edu.my/50390/ http://irep.iium.edu.my/50390/1/50390.pdf

id	iium-50390
recordtype	eprints
spelling	iium-503902016-11-03T06:55:27Z http://irep.iium.edu.my/50390/ The the common law privilege against self-incrimination: has it been abolished Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani K Law (General) 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. Zes Rokman Resources 2016 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/50390/1/50390.pdf 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. http://klibel.com/proceeding/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani The the common law privilege against self-incrimination: has it been abolished
description	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.
format	Conference or Workshop Item
author	Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani
author_facet	Shair Mohamad, Mohd Akram Kamarudin, Abdul Rani
author_sort	Shair Mohamad, Mohd Akram
title	The the common law privilege against self-incrimination: has it been abolished
title_short	The the common law privilege against self-incrimination: has it been abolished
title_full	The the common law privilege against self-incrimination: has it been abolished
title_fullStr	The the common law privilege against self-incrimination: has it been abolished
title_full_unstemmed	The the common law privilege against self-incrimination: has it been abolished
title_sort	the common law privilege against self-incrimination: has it been abolished
publisher	Zes Rokman Resources
publishDate	2016
url	http://irep.iium.edu.my/50390/ http://irep.iium.edu.my/50390/ http://irep.iium.edu.my/50390/1/50390.pdf
first_indexed	2023-09-18T21:11:13Z
last_indexed	2023-09-18T21:11:13Z
_version_	1777411265899003904

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

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