The Privilege Against Self-Incrimination and Fairness to the Accused

Abstract

The privilege against self-incrimination is perhaps the most controversial concept in criminal justice. This article analyses the privilege in the context of pre-trial interrogation in the light of the recent and important decision of the Court of Criminal Appeal in PP v Mazlan bin Maidun and seeks to argue that, although the decline of the privilege is not to be lamented in itself, it cannot be simply discarded without the introduction of alternative safeguards.