Freckelton Ian
J Law Med. 2015 Mar;22(3):491-505.
The privilege against self-incrimination has a venerable history in the conduct of coroners' inquests. However, recent statutory reforms to the privilege in coroners' courts, which have had disuniform outcomes throughout Australia, have complicated the circumstances in which the privilege is extended to those claiming its protection. This editorial reviews the evolving law on the privilege generally and rulings that have been made in high-profile coronial inquests, as well as the modest volume of appellate litigation on this important issue. It identifies that the emerging law on the area prioritises amongst relevant factors for the coroner's discretion to exercise coercive powers over witnesses' objections to give evidence the fact that they are charged with serious criminal offences, and that the need for and utility of the evidence are also functioning as important considerations.
反对自证其罪的特权在死因裁判官的讯问过程中有着悠久的历史。然而，最近对死因裁判法庭中该特权的法定改革在澳大利亚各地产生了不一致的结果，这使得将该特权扩展至寻求其保护的人的情形变得复杂。本社论总体回顾了关于该特权不断演变的法律以及在备受瞩目的死因裁判讯问中作出的裁决，还有关于这一重要问题的少量上诉诉讼。它指出，该领域新出现的法律在死因裁判官行使强制证人作证权力的自由裁量权的相关因素中，将证人被指控严重刑事犯罪这一事实置于优先地位，并且证据的必要性和实用性也是重要的考量因素。
