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GlossaryCriminal Law

Privilege against self-incrimination

A legal right that protects a person from being compelled to provide information or evidence that could be used to prosecute them.

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04related terms
May 2026reviewed
In detail

How privilege against self-incrimination works in practice.

The privilege against self-incrimination is a common law and statutory right that prevents a person from being forced to answer questions or produce documents that could expose them to criminal liability. It applies in court proceedings, police interviews, and certain regulatory investigations. In Victoria the privilege has been modified or abrogated in some contexts, including certain proceedings before regulatory bodies. In the criminal context, the privilege underpins the right to silence and the accused's right not to give evidence at trial.

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