Abstract

In X7 v Australian Crime Commission ('X7') the High Court interpreted the Australian Crime Commission Act 2002 (Cth) ('ACC Act') to consider the scope of the Australian Crime Commission's ('ACC') power to coercively interrogate a person, in particular a person charged with a criminal offence but not yet tried. The majority construed that statute with regard to the principle of legality, concluding the Parliament had not used sufficiently clear words to abrogate the accused's right to silence. This article considers how the features of an accusatorial trial, discussed in X7 and otherwise existing at common law, protect human rights and how the principle of legality has developed as a protection of human rights.

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