Financial Crime Investigation UPDATED ACTUAL Questions
and CORRECT Answers
1. Right to not self-incriminate
What are the three major
2. Duty of confidentiality
obstacles to investigation
3. Legal professional privilege
1. There is no common law duty to assist the police.
Rice v Connolly
2. There is a common law right to silence.
The protection of the accused against improper compulsion by
What is the justification for the
the authorities thereby contributing to the avoidance of
right against self incrimination
miscarriages of justice and to the fulfillment of the aims of Article
given in Saunders v UK?
6
There can be no doubt that the right to remain silent under
police questioning and the privilege against self-incrimination
Murray v UK
are generally recognized international standards which lie at the
heart of the notion of a fair procedure
It is an implied term of the contract between banker and
customer that the banker will not disclose any information to a
Tournier v National Provincial
third party about the customer’s account without the consent of
and Union Bank
the customer unless there is a Court order or a compelling public
interest in requiring disclosure
Where there are confidential communications to a professional
adviser as to the proposed commission of a crime, a contract to
keep such a communication secret may well be considered as an
Weld-Blundell v Stephens
illegal contract, and the duty to the public to disclose the
criminal or illegal intention may properly be held to override
the private duty to respect and protect the client's confidence
Under what Article is banking Art 8
confidentiality protected under?
All communications between a professional legal adviser and
What is legal professional
clients cannot be disclosed without the permission of the client.
privilege?
The privilege is that of the client and not that of the lawyer.
and CORRECT Answers
1. Right to not self-incriminate
What are the three major
2. Duty of confidentiality
obstacles to investigation
3. Legal professional privilege
1. There is no common law duty to assist the police.
Rice v Connolly
2. There is a common law right to silence.
The protection of the accused against improper compulsion by
What is the justification for the
the authorities thereby contributing to the avoidance of
right against self incrimination
miscarriages of justice and to the fulfillment of the aims of Article
given in Saunders v UK?
6
There can be no doubt that the right to remain silent under
police questioning and the privilege against self-incrimination
Murray v UK
are generally recognized international standards which lie at the
heart of the notion of a fair procedure
It is an implied term of the contract between banker and
customer that the banker will not disclose any information to a
Tournier v National Provincial
third party about the customer’s account without the consent of
and Union Bank
the customer unless there is a Court order or a compelling public
interest in requiring disclosure
Where there are confidential communications to a professional
adviser as to the proposed commission of a crime, a contract to
keep such a communication secret may well be considered as an
Weld-Blundell v Stephens
illegal contract, and the duty to the public to disclose the
criminal or illegal intention may properly be held to override
the private duty to respect and protect the client's confidence
Under what Article is banking Art 8
confidentiality protected under?
All communications between a professional legal adviser and
What is legal professional
clients cannot be disclosed without the permission of the client.
privilege?
The privilege is that of the client and not that of the lawyer.
