The Weekly Law Reports
[2010] 2 WLR 905
Court of Appeal
Regina
v
K (A)
[2009] EWCA Crim 1640
2009 June 11;
July 28
July 28
Moore-Bick LJ, Holman, Rafferty JJ
Crime— Evidence— Admissibility— Defendant obliged in matrimonial ancillary relief proceedings to disclose information about income and assets— Information so disclosed tending to show tax evasion— Defendant charged with cheating public revenue— Whether defendant had been entitled in ancillary relief proceedings to invoke privilege against self-incrimination— Whether information disclosed under compulsion— Whether admissible against defendant in criminal proceedings— Whether admission of information in criminal proceedings infringing Convention right to fair trial— Whether statements made in course of “without prejudice” discussions admissible against defendant at criminal trial—
Matrimonial Causes Act 1973 (c 18), ss 23–25 (as substituted by Matrimonial and Family Proceedings Act 1984 (c 42), s 3)
—
Police and Criminal Evidence Act 1984 (c 60), s 78
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6
—
Criminal Justice Act 2003 (c 44), s 118
—
Family Proceedings Rules 1991 (SI 1991/1247)