This book is about the complex balance between effectiveness of law enforcement,
in bringing wrongdoers to justice, and ensuring fairness to a criminal defendant.
From my experience as a criminal law practitioner, I was concerned and intrigued
by a perception that these two objectives may be mutually exclusive. In particular,
the book focuses on the significance of maintaining the balance between limiting
and protecting the right to silence and the right against self-incrimination in
transnational proceedings. This spotlight came about as the result of an initial
comparison I undertook of coercive measures in Denmark and Australia, which
revealed that the greatest divergence between the uses of such measures in the two
systems was the manner in which the rules regulating the right to silence functioned
in administrative investigations. In addition, while talking to criminal justice
practitioners involved in transnational cases, I learned of the potential difficulties
that may arise in relation to differing approaches to the right to silence, for example,
when the investigative and prosecution authorities want to question a suspect
abroad and must decide as to which state’s rules should apply. By ensuring there
is a proper foundation of fair trial rights in the national systems, which accords with
minimum standards under international human rights law, the admissibility of
evidence across borders is maximised, leading to more effective criminal
prosecutions.