Privileged Material Flashcards
What does privileged material allow the holders of it to do?
Privilege allows the holders of particular information to refuse to disclose it.
When would privilege not apply?
If the information is made, received, compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence.
List where privilege may apply regarding some professions.
- Legal advisors
- Ministers of religion
- Medical practitioners
- Clinical psychologists
- Journalists
When undertaking a search and privilege is invoked, what must you ensure takes place?
- That the person or their representative is present when the search is undertaken.
- That they have been given a reasonable opportunity to claim privilege.
What must you provide to the person or their representative if a claim of privilege is made?
- An inventory listing all the documents seized
- You must show it to the person present
- Invite them to check it for accuracy
- Leave a copy for them
List two things that a person may do in relation to documents you have seized that they claim as privileged.
- They may make a copy of any document before you seize it
- They may object to the seizure of any document
What must you do if you have RGTB that anything discovered during your search may be considered as privileged?
You must give the person a reasonable opportunity to claim privilege.
What is the process when someone claims privilege?
Don’t stop your search. Inform them that the item will be seized pending the direction of a judge.
Do not investigate the item further.
