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Liability Risk and Insurance

Convention does not override law in force at date of trial

Another move in the Guinness saga failed, as the House of Lords rejected a move to quash convictions based on self-incrimination. Although the European Court of Human Rights has ruled that admission of evidence at trial of answers given, under statutory compulsion, to other inspectors violated the right not to be forced to incriminate oneself, this did not (by reference to the Criminal Cases Review Commission and section 9 of the Criminal Appeal Act of 1995) require the Court of Appeal to quash the convictions so obtained.

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