The companion principle to the accusatorial nature of the criminal trial is not engaged when a person is questioned by the Crime and Corruption Commission, even where the Commission suspects the person of having committed an offence, because the Commission is an investigative body without power to charge or prosecute. Sections 190 and 197 of the Crime and Corruption Act 2001 (Qld), which permit derivative use of compelled answers, do not impair the institutional integrity of State courts and are not invalid under the [name withheld] principle.
The full text is available to signed-in members.