A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence.
Held: Nevertheless, the provision of such information was required in this case, for purposes associated with the maintenance of public safety, and was therefore not an infringement of his right against self incrimination.
Judges:
Lord Slynn of Hadley Lord Steyn Lord Hoffmann Lord Cooke of Thorndon, Lord Hobhouse of Woodborough
Citations:
Times 22-Feb-2000, Gazette 02-Mar-2000, [2000] UKHL 11, [2000] 2 WLR 373, [2000] 2 AC 412, [2000] 1 All ER 773, [2000] All ER (D) 199
Links:
Statutes:
Environmental Protection Act 1990 71(2)
Jurisdiction:
England and Wales
Citing:
Cited – Bank of England v Riley 1992
Exercise of the right of privilege against self-incrimination. . .
Cited – In Re London United Investments Plc CA 1992
The privilege against self-incrimination was impliedly excluded by the terms of a statute which conferred power on company inspectors appointed by the Secretary of State to require documents and answers to questions from any person whom they . .
Cited – Regina v Director of Serious Fraud Office, ex Parte Smith HL 15-Jul-1992
The applicant having been cautioned for an offence under the Companies Act 1985, he objected to being required to answer questions put to him in connection with the matter by the Director of the Serious Fraud Office under the 1987 Act.
Held: . .
Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Cited – Bishopsgate Investment Limited v Maxwell CA 1999
A person required to answer questions under the section may not refuse to answer on the ground of self-incrimination. (Dillon LJ) ‘It is plain to my mind – and not least from the Cork Report – that part of the mischief in the old law before the . .
Cited – A T and T Istel Ltd v Tully HL 9-Sep-1992
The second plaintff had agreed to supply computer systems to a health authority. New owners of the company discovered allegations that the contract had been operated fraudulently. An order had been obtained for production of documents, but the order . .
Cited – Rex v Warickshall 1783
Evidence that stolen goods were found under the bed of the accused was admitted notwithstanding that the discovery was made in consequence of her inadmissible confession. Evidence obtained by oppression should be admitted to court. Involuntary . .
Cited – Saunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
Cited – Hamilton and Another v Naviede and Director of SFO HL 26-Jul-1994
A Company Court Judge may not fetter the later use of insolvency interviews by a criminal court. The obligation to give the information will not prejudice the fairness of a possible criminal trial, since the accused would still have the protection . .
Cited – Hui Chi-ming v The Queen PC 5-Aug-1991
(Hong Kong) The defendant was charged with aiding and abetting a murder. A, carrying a length of water pipe and accompanied by the defendant and four other youths, seized a man and A hit him with the pipe, causing injuries from which he died. No . .
Cited – Orkem v Commission (Judgment) ECJ 18-Oct-1989
The court considered the powers of the Commission to demand information in an investigation of possible offences against the Community competition laws. Article 11 of Regulation 17 of 1962 gave the Commission power, for the purposes of ensuring the . .
Cited – Serves v France ECHR 20-Oct-1997
Captain Serves was a French officer charged in 1988 before a military court, together with a lieutenant and corporal of his company, with the murder of a civilian in the Central African Republic. In 1989 the proceedings were quashed for procedural . .
Cited – Funke v France ECHR 25-Feb-1993
M. Funke successfully challenged his conviction for failing to provide documents which the customs authorities had demanded of him, on the grounds that his rights under Article 6 had been infringed: ‘The Court notes that the customs secured Mr. . .
Appeal from – Regina v Hertfordshire County Council ex parte Green Environmental Industries Limited, Moynihan CA 9-Oct-1997
There was no protection against self-incrimination where information was properly required by the Waste Regulation Authority to carry out its duties. . .
Cited by:
Cited – Payton, Regina v CACD 26-May-2006
The defendant appealed a conviction of possession of 66 grams of cannabis with intent to supply. Also found were a large number of small bags and pounds 7,000 in cash. The defendant said the cannabis was for his personal use, and the equipment had . .
Cited – C Plc v P and Attorney General Intervening CA 22-May-2007
The respondent had been subject to a civil search, which revealed the existence of obscene images of children on his computer. He appealed against refusal of an order that the evidence should not be passed to the police as evidence. He said that the . .
Cited – Gold Nuts Ltd and Others v Revenue and Customs FTTTx 8-Feb-2016
INCOME TAX – CORPORATION TAX – preliminary hearing on matters of law – COP9 letter issued to Mr Budhdeo (‘Mr B’) – contractual disclosure offered and refused – whether FTT has jurisdiction to close a ‘COP9 enquiry’ – no -whether HMRC using SA and CT . .
Cited – Beghal v Director of Public Prosecutions SC 22-Jul-2015
Questions on Entry must be answered
B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Criminal Evidence, Environment
Updated: 31 May 2022; Ref: scu.159043