Part XXVIII Miscellaneous

Limitation on powers to require documents

C1C2C3C4413 Protected items.

1

A person may not be required under this Act to produce, disclose or permit the inspection of protected items.

2

“Protected items” means—

a

communications between a professional legal adviser and his client or any person representing his client which fall within subsection (3);

b

communications between a professional legal adviser, his client or any person representing his client and any other person which fall within subsection (3) (as a result of paragraph (b) of that subsection);

c

items which—

i

are enclosed with, or referred to in, such communications;

ii

fall within subsection (3); and

iii

are in the possession of a person entitled to possession of them.

3

A communication or item falls within this subsection if it is made—

a

in connection with the giving of legal advice to the client; or

b

in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings.

4

A communication or item is not a protected item if it is held with the intention of furthering a criminal purpose.