The right to refuse to answer a question in court

Rules

There are very few circumstances where a judge will allow you to refuse to answer a question if it is relevant to the case. The right to refuse is known as a 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. If any communication is made in contemplation of litigation (i.e., with a court case in mind), then that communication is also privileged.
• 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.

When you have voiced your objection to answering a particular question, the judge will then decide whether you or not you must answer the question. If the judge decides that you cannot rely on a "privilege", then you must answer the question. If you fail to do so, you will be in contempt of court and you may be imprisoned.