Companion rule (Australian Criminal law): Difference between revisions
Content deleted Content added
Merged content to Right to silence in Australia#Companion rule. See Wikipedia:Articles for deletion/Companion rule (Australian Criminal law) Tag: New redirect |
|||
| (2 intermediate revisions by 2 users not shown) | |||
| Line 1: | Line 1: | ||
#REDIRECT [[Right to silence in Australia#Companion rule]] {{R from merge}} {{R to section}} |
|||
{{Orphan|date=April 2023}} |
|||
The '''Companion Rule''' is a legal principle in [[Australian criminal law]] that deals with self-incrimination. It is a common law rule that protects an accused person from being compelled to answer questions or provide information that might tend to incriminate themselves. |
|||
== Background == |
|||
The source of the rule is the right at common law to remain silent a cornerstone principle of common law criminal jurisprudence. In substance, it is seen that a necessary and logical consequence of that right, is that the state is prevented from compelling a person to contribute to their own criminal conviction. The concept is closely related to the presumption of innocence and other historical principles of criminal procedure. |
|||
The Companion Rule has its origins in [[English common law]], inherited by Australia as a successor jurisdiction. |
|||
Through legislation, the companion rule is able to be displaced by any Australian legislature;<ref>{{Cite journal |last=Frauenfelder |first=Simon |date=2019-04-01 |title=Compulsorily obtained material and interference with criminal processes |url=https://search.informit.org/doi/abs/10.3316/agispt.20190605011652 |journal=Criminal Law Journal |volume=43 |issue=2 |pages=101–129 }}</ref> however, legislation attempting to abrogate the companion rule needs to be worded clearly and explicitly to be effective. This is because the companion rule is within the scope of the [[Principle of Legality (Australia)|principle of legality]]. |
|||
The companion rule has been held to be unavailable to Corporations in Australia.<ref>[https://heinonline.org/HOL/LandingPage?handle=hein.journals/nylsintcom16&div=7&id=&page= 16 N.Y.L. Sch. J. Int'l & Comp. L. 55] (1996) - The Unavailability to Corporations of the Privilege against Self-Incrimination: A Comparative Examination</ref> |
|||
== See also == |
|||
* [[right to silence]] |
|||
== References == |
|||
{{Reflist}} |
|||
[[Category:Australian criminal law]] |
|||
Latest revision as of 07:17, 15 June 2023
Redirect to:
- From a merge: This is a redirect from a page that was merged into another page. This redirect was kept in order to preserve the edit history of this page after its content was merged into the content of the target page. Please do not remove the tag that generates this text (unless the need to recreate content on this page has been demonstrated) or delete this page.
- For redirects with substantive page histories that did not result from page merges use {{R with history}} instead.
- To a section: This is a redirect from a topic that does not have its own page to a section of a page on the subject. For redirects to embedded anchors on a page, use {{R to anchor}} instead.