Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Common law definition

What does Common law mean? In practice, common law means judge‑made rules developed through case law and applied by courts when resolving disputes, filling gaps where no statute applies, and guiding statutory interpretation. It is not defined by legislation; it is a descriptive label for principles articulated in judicial decisions and followed under the doctrine of precedent (stare decisis). Key features include incremental development, binding effect according to the court hierarchy, and availability of judge‑made remedies. It encompasses both common law and (in England & Wales, Northern Ireland and Ireland) equitable doctrines, such as fiduciary duties, trusts and injunctions. In Scotland, the mixed system uses...

Privilege against self-incrimination in UK law: scope, limits and statutory carve‑outs across criminal, civil, regulatory, investigatory, inquest and cross‑border proceedings

Published by a LexisNexis Corporate Crime expert

Practice notes

Background

The idea of the privilege against self-incrimination, often treated as a single safeguard, in truth stems from several distinct common law protections for defendants and witnesses, each aimed at shielding citizens from misuse of powers by those who investigate crime.

Each reflects concern for the protection of citizens against abuse of powers by those investigating crimes in law.

Those varied protections can be broadly grouped as:

a privilege against self-incrimination for witnesses in criminal, civil, or other non-judicial investigative proceedings (including coroners' inquests)
the entitlement of a defendant not to give evidence at trial; and
a suspect’s right to remain silent during a pre-trial criminal inquiry

As outlined below, the privilege is not absolute, and statute has intruded upon these protections in several ways.

The privilege against self-incrimination at common law

The privilege against self-incrimination is a long-established common law protection. The principle developed at common law as a reaction to prisoners being tortured into providing self-incriminating answers that would result in their conviction in the Star Chamber. It was summarised in 1942 in Blunt v Park Lane Hotel Ltd: 'The rule is that no one is bound to answer any question if the answer thereto would, in the opinion'...

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Áine Kervick

Kingsley Napley

Áine Kervick is an associate in the criminal litigation team and acts on a wide range of white collar and general criminal cases. She joined Kingsley Napley in 2014 and qualified as a solicitor in 2016. She currently acts for suspects and witnesses in respect of investigations brought by the SFO, CMA and DoJ in relation to bribery and corruption and cartel investigations. She was part of the team working on the LIBOR II trial which involved allegations of a conspiracy to manipulate the LIBOR rate in which the client was acquitted after a trial lasting nearly 4 months. Áine has a particular interest in the international dimension of criminal cases and advises individuals in respect of extradition requests. She is also experienced in acting for individuals in internal investigations with a focus on legal professional privilege in criminal...

Will Hayes

Kingsley Napley

Will is a barrister with a range of experience in general and white collar crime. He joined Kingsley Napley in 2017. Will was called to the Bar in 2013 and completed pupillage at a leading criminal set, where he represented clients in a range of hearings and trials in the magistrates' court, crown court and youth court. His experience covers the full spectrum of general crime, from road traffic matters and drug offences, to allegations of violence and dishonesty and prosecutions for sexual offences, often involving vulnerable clients. Will also has experience of financial and serious and complex crime, including working as part of the defence teams for Rebekah and Charlie Brooks in the phone-hacking trial and for a broker prosecuted by the SFO for allegedly conspiring to manipulate LIBOR. Prior to joining Kingsley Napley, Will was instructed as independent counsel by the Serious Fraud...

Alice Trotter

Kingsley Napley

I am an associate in the criminal litigation team and act on a wide range of white collar, international and general crime cases. I joined Kingsley Napley in 2018 and qualified as a solicitor in 2023.I currently act for suspects and witness in respect of internal investigations, as well as investigation brought by the SFO and the NCA. I have undertaken advisory work in relation legal professional privilege and LPP reviews.I have a particular interest in the international dimension of criminal cases and advise individuals in respect of cross-border investigations....

Web page updated on 21/05/2026

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