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 |
|---|---|
| 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 |
Bibliographical note
Professor of Criminal Justice, University of Aberdeen. I am grateful to Ilona Cairns, James Chalmers, Phil Glover, Sir Gerald Gordon, Fiona Leverick, and an anonymous reviewer for comments on earlier drafts of this paper.Keywords
- Criminal law
- Police questioning
- criminal practice
- witnesses
- suspects
- due process
- crime control
