The court coinsidered a claim for the privilege against self-incrimination: ‘As held in Saunders v. United Kingdom . . the right not to incriminate oneself is primarily concerned with respecting the will of the accused person to remain silent and does not extend to the use in criminal proceedings of material which may be obtained from the accused through the use of compulsory powers and which has an existence independent of the will of the accused . . eg documents, breath, blood, urine and tissue samples).’
Citations:
[2000] 2 FLR 322
Jurisdiction:
Human Rights
Cited by:
Cited – C Plc and W v P and Secretary of State for the Home Office and the Attorney General ChD 26-May-2006
The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Human Rights
Updated: 20 May 2022; Ref: scu.242452
