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10 January 2008 / Susan Edwards
Issue: 7303 / Categories: Features , Legal services , Procedure & practice , Profession
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A gap in the ring fence?

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 right to remain silent and to refuse to answer any question put to him. This

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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