Abstract
In this article, Peter Duff considers the issue of the stage at which otherwise unobjectionable police questioning of a witness or suspect must stop for reasons of the application of fundamental liberal principles, primarily the privilege against self-incrimination and the "equality of arms". The article examines the historical development of the law from the case of Chalmers v HMA, through the period of the Thomson Committee report, the case of Cadder v HMA, up to the present time.
Original language | English |
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Pages (from-to) | 186-209 |
Number of pages | 24 |
Journal | Edinburgh Law Review |
Volume | 19 |
Issue number | 2 |
Early online date | Apr 2015 |
DOIs | |
Publication status | Published - 2015 |
Keywords
- Criminal law
- Police questioning
- criminal practice
- witnesses
- suspects
- due process
- crime control