Privilege In Court

Press, Volume XCVIII, Issue 28801, 23 January 1959, Page 11

Privilege In Court

Sir, —In your editorial of January 8, you refer to old English ' common law allowing the right of silence to doctors, lawyen, and the clergy. As I understand it, in this country doctors have no 1 privilege in a criminal court and if so directed by the judge must give evidence, failing which they may be charged with contempt of court. Should a doctor still refuse to do so, as he might well feel correct, he would be dealt with by the court. It seems that the journalist concerned was treated similarly. It would seem that a blanket privilege, though perhaps expedient, would not necessarily be in the interests of law and Justice.—Yours, etc. M.B. January 15, 1959. [This letter was referred to Professor H. R. Gray, of Canterbury University, who furnished the following comment: “Your correspondent is correct' A person’s legal adviser only is entitled to the privilege to refuse to answer questions on matters relating to his client’s affairs. This privilege does not extend to doctors or clergy, although, as a matter of practice, judges would not lightly violate such confidences. (Wheeler v. Le Marchant (1881 17 Ch.D. 675 at p.681.)”J