Privileged evidence
Information
The doctrine of privilege allows you to refuse to disclose documents to the court and to refuse to answer certain questions even when those documents or questions are relevant to the case.
Rules
There are two main types of privilege:
- Private privilege
- Public interest privilege.
Private privilege
You have a "privilege against self-incrimination". This means that you can refuse to answer questions or hand over documents that may implicate you in criminal proceedings.
You may have a "legal professional privilege". A legal advisor and his or her client cannot be forced to disclose communications between them.
In addition, if any communication is made in contemplation of litigation (i.e., with a court case in mind), then that communication is privileged even if it is not a communication between lawyer and client.
Priests are allowed to refuse to answer questions relating to what was said in the confessional. This is known as the "sacerdotal privilege". Similarly, communications with a counsellor may also be privileged.
Public interest privilege
This is privilege claimed by the State. In some very limited circumstances, the State may refuse to disclose information or documents in order to protect the public interest. For example, documents relating to the structure and engineering of army equipment might be held to be privileged in order to protect national security.
Language
Related Documents
- The right to refuse to answer a question in court
The circumstances under which a witness can refuse to answer a question put to him or her in a court of law in Ireland. - Right to silence in criminal cases
The Irish Constitution provides protection for everyone against self-incrimination. Find out more here. - EU and family law
The role of the EU in family law is mainly concerned with ensuring that decisions made in one country can be implemented in another. It also has a role in trying to establish which country has jurisdiction to hear a particular case.
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.