Part XXVIII

Miscellaneous

Limitation on powers to require documents

Protected items
413
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.