The ‘Big Four’: Privileges and Indemnities * †

Abstract

From at least the seventeenth century, English law has recognised the right of any person not to provide evidence which may incriminate him or her in the commission of a crime (the privilege against self-incrimination). The exercise of this right would appear to represent a significant obstacle to the effective investigation of criminal activities, and in particular, organised crime. However, through the use of indemnification procedures, the National Crime Authority, the NSW Independent Commission Against Corruption, and the Criminal Justice Commission (Qld) are able to circumvent the traditional protection provided by the privilege against self-incrimination. This paper examines the use of indemnities by such bodies and considers a number of issues relating to adequate accountability and the problem of demonstrating efficacy.