ABSTRACT
This chapter focuses on the privilege against self-incrimination, which relates to the extent to which suspects and accused persons can be made to produce evidence against themselves and the effects of remaining silent in response to questioning. While not strictly a form of privilege, public interest immunity may also allow public servants and representatives of quasi-government bodies to refuse to answer certain questions or disclose material on the grounds that it might harm the national interest. The even terms rule basically states that an accusation by X that is unanswered by Y can be said to provide evidence that Y accepted the truth of the allegation. The basic position in the civil courts is relatively straightforward. The Privy Council upheld the judge's direction to the jury that they could take the defendant's reaction and his silence into account when determining whether he was or was not guilty of murder.
