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'No Body to be Kicked or Soul to be Damned': Corporate Claims to the Privilege Against Self-Incrimination
Bond Law Review
The most obvious way for a corporation to resist compulsory production of documents that contain evidence of potential misconduct is to claim that production may tend to incriminate the company. Until recently, it was assumed that corporations were entitled to claim the privilege against self-incrimination; the High Court never having expressed a conclusive opinion on the question. In EPA v Caltex, however, a narrow majority of the Court held that the focus of the privilege is to prevent abusesdoi:10.53300/001c.5246 fatcat:mhgknnh4dzgchef4zwt5n7rmia