Privilege material

Question 1

Privilege material (pg 20)

What is privilege

Answer 1

Privilege allows the holder of particular information to refuse to disclose this information

Question 2

Privilege material (pg 20)

What is not privilege

Answer 2

No privilege applies if the information is made, received, complied or prepared for a dishonest purpose or to enable or aid any person to commit an offence

Question 3

Privilege material (pg 20)

Recognised privilege material includes material gained through communication with:

Answer 3

• Legal advisors
• Ministers of religion
• Medical practitioners
• Clinical psychologists
• Informers (informants)
• Journalists

Question 4

Privilege - practical procedure (pg 20)

Answer 4

You must:

• Ensure that the person or their representative is present when the search is undertaken
• Give the person a reasonable opportunity to claim privilege

As soon as practicable after being given the opportunity that person must provide you with a list of this (such as documents) which they claim are privilege.

You must complete a POL268 listing all documents seized and show this to the person and invite them to check the accuracy of the inventory, leave a copy with them.

Be aware that the person may make a copy of any document before you seize it, and they may object to the seizure of any document.

If you are searching (with or without a search warrant) and have RGTB that anything discovered during the search may be privileged, then you must provide the person on opportunity to claim privilege.

If you receive or are expecting to receive a claim of privilege secure the thing subject to privilege but do not continue to search or examine it. You should not undertake any other investigations in reliance on it unless no claim f privilege is made, or a claim is withdrawn, or the search is in accordance with directions of the court determining the claim privilege.