The magistrates had been taking a deposition, and ordered police officers to be excluded from court.
Held: The witness sought not to have to answer questions on the ground that he would be incriminated by his answers. Magistrates should not accept a claim for privilege without investigation. It was insufficient also to accept that this was claimed solely on the grounds of legal advice. The proceedings of taking the deposition were in open court, and the exclusion of those charged with investigating crime was an irregularity.
Judges:
Kennedy LJ, Royce J
Citations:
Times 07-Nov-2003, [2003] EWHC 2697 (Admin), [2004] 1 WLR 835
Links:
Statutes:
Crime and Disorder Act 1998 Sch3 P-4
Jurisdiction:
England and Wales
Evidence, Magistrates, Human Rights, Criminal Practice
Updated: 08 June 2022; Ref: scu.190141
