Trant v Att. Gen. [2007] JLR 231 (22 March 2007)

Trant v Att. Gen. [2007] JLR 231 (22 March 2007)

The privilege against self-incrimination protects a witness from being compelled to answer questions that would expose him to criminal liability, and the trial court is responsible for determining the applicability of this privilege, usually after the witness is called and specific questions are posed.

Citation
[2007] JLR 231
Parties
Applicant: Trant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
22 March 2007
Procedural Posture
Criminal / Pre Trial
Outcome
clarification of legal principle
Legal Topics
Privilege Against Self Incrimination, Witness Rights
Evidence Privilege Against Self Incrimination Witness Rights

Case Brief

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Parties

Trant

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Pre Trial

Legal Issues

  1. 1 Whether a witness can refuse to answer questions in criminal proceedings on the ground of self-incrimination.

Ratio Decidendi

The privilege against self-incrimination protects a witness from being compelled to answer questions that would expose him to criminal liability, and the trial court is responsible for determining the applicability of this privilege, usually after the witness is called and specific questions are posed.

Court Disposition

clarification of legal principle