Trant v Att. Gen. [2006] JLR 531 (29 November 2006)

Trant v Att. Gen. [2006] JLR 531 (29 November 2006)

The privilege against self-incrimination protects a witness from being compelled to answer questions that would expose them to criminal liability, and the determination of whether this privilege applies is normally made by the trial court after the witness is called and asked specific questions, except in exceptional cases where it may be determined in advance.

Citation
[2006] JLR 531
Parties
Applicant: Trant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
29 November 2006
Procedural Posture
Criminal / Interlocutory
Outcome
Guidance issued on application of privilege against self-incrimination; no final order on merits reported.
Legal Topics
Privilege Against Self Incrimination, Witness Testimony
Evidence Privilege Against Self Incrimination Witness Testimony

Case Brief

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Parties

Trant

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Interlocutory

Legal Issues

  1. 1 Whether a witness can be compelled to answer questions in criminal proceedings that may incriminate themselves

Ratio Decidendi

The privilege against self-incrimination protects a witness from being compelled to answer questions that would expose them to criminal liability, and the determination of whether this privilege applies is normally made by the trial court after the witness is called and asked specific questions, except in exceptional cases where it may be determined in advance.

Court Disposition

Guidance issued on application of privilege against self-incrimination; no final order on merits reported.