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Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Privilege and confidentiality - Privilege

61: Discretion as to incrimination under foreign law

You could also call this:

"Protection from answering questions that could get you in trouble in another country"

Illustration for Evidence Act 2006

If you are asked to give information in a court case or to a police officer, you might be worried that it could get you in trouble in another country. This information could be something that would make you guilty of a crime in that country, and the punishment could be very severe, like death or imprisonment. You might not have to give that information if a Judge thinks it would be unfair to make you do so.

When a Judge makes this decision, they consider whether you might be sent to the other country to face charges, and other important factors. The Judge can tell the person asking for the information that you do not have to give it.

A Judge can only make this decision to protect you, not to protect a company, or someone else who is not directly involved, except in the case of a lawyer helping their client. Also, if you are the person on trial for a crime, the Judge cannot make this decision to help you when you are giving evidence about the crime you are accused of.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393673.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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60: Privilege against self-incrimination, or

"You don't have to answer questions that could get you in trouble with the law."

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62: Claiming privilege against self-incrimination in court proceedings, or

"Not answering questions that might get you in trouble in court"

Part 2Admissibility rules, privilege, and confidentiality
Privilege and confidentiality: Privilege

61Discretion as to incrimination under foreign law

  1. This section applies to any specific information—

  2. that a person is (apart from this section) required to provide—
    1. in the course of a proceeding; or
      1. by a person exercising a statutory power or duty; or
        1. by a Police officer or other person holding a public office in the course of an investigation into a criminal offence or possible criminal offence; and
        2. that would, if so provided, be likely to incriminate the person under foreign law for an offence punishable by—
          1. capital punishment; or
            1. corporal punishment or imprisonment, or both.

            2. A Judge may direct that the person cannot be required to provide the information if the Judge, after having regard to the likelihood of extradition and other relevant matters, thinks that it would be unreasonable to require the person to incriminate himself or herself by providing the information.

            3. Subsection (2) does not enable a Judge to give a direction in respect of—

            4. a body corporate; or
              1. any person other than the person required to provide the information (except by a legal adviser on behalf of a client who is so required); or
                1. a defendant in a criminal proceeding when giving evidence about the matter for which the defendant is being tried.