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No you can’t be compelled to give evidence against yourself in a normal criminal case. You can be compelled to give evidence in a royal commission hearing and t
by danieltillett 8y ago
No you can’t be compelled to give evidence against yourself in a normal criminal case. You can be compelled to give evidence in a royal commission hearing and that evidence can be used to prosecute you in a subsequent criminal case.
- kdtsh 8y agoSource? I'd guess that that evidence would be inadmissible in a criminal case.
- zaphirplane 8y agohttps://www.google.com.au/amp/s/www.lawyersweekly.com.au/politics/22890-beware-the-powers-of-the-royal-commission-to-refer-matters-at-anytime-for-action/amp https://www.google.com.au/amp/s/www.lawyersweekly.com.au/pol... “Section 6DD of the Act provides that, where a witness is compelled by a summons to give evidence to the Royal Commission, that evidence isn’t admissible against a natural person in any civil or criminal proceedings in any court of the Commonwealth, or of a state or territory. It is, however, admissible against a corporation. ”
- danieltillett 8y agoInteresting. There is this very relevant paragraph which makes the immunity rather moot. However, evidential immunity under s 6DD doesn’t protect clients (who have been compelled to give evidence to the Royal Commission) from a regulator, such as ASIC, using their evidence as a springboard to gather secondary or derivative evidence, and using that derivative evidence against them.