This briefing reviews the historical and recent development of the privilege against self‐incrimination and its partiadar relevance in the field of financial regulation. The author discusses the idea of a ‘qualified’ privilege against self‐incrimination. Under such an approach the privilege is excluded for some uses (such as to discover misconduct and to enable restitution to victims of fraud) but not so as to enable witnesses' answers to be used for their own criminal punishment.
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