The obtaining by compulsion of statements in Companies investigations which were later used in evidence in criminal trials was a breach of the defendant’s human right to a fair trial by enforced self-incrimination. However there was no evidence in this case that there had been any collusion to seek to take advantage of the procedure in planning the timing of the criminal proceedings, and given the complex nature of the matters in issue, the delay was not so unreasonable as to amount to an infringement.
Citations:
Times 13-Oct-2000
Jurisdiction:
European
Criminal Evidence, Company, Human Rights
Updated: 04 May 2022; Ref: scu.81586