Companion rule (Australian Criminal law): Difference between revisions
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#REDIRECT [[Right to silence in Australia#Companion rule]] {{R from merge}} {{R to section}} |
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{{Orphan|date=April 2023}} |
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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. |
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== Background == |
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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. |
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The Companion Rule has its origins in [[English common law]], inherited by Australia as a successor jurisdiction. |
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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]]. |
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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> |
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== See also == |
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* [[right to silence]] |
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== References == |
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{{Reflist}} |
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[[Category:Australian criminal law]] |
Latest revision as of 07:17, 15 June 2023
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