Privileged Material Flashcards
1
Q
– What is privilege, in terms of the search and surveillance act?
A
“Privilege” allows the holders of particular information to refuse to disclose this information. This information is recognised as “Privileged” under the search and surveillance act.
2
Q
When does “No privilege” apply?
A
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.
3
Q
Recognised privilege material includes material gained through communication with, who?
A
- Legal advisers
- Ministers of religion
- Medical practitioners
- Clinical psychologists
- Informers (Informants)
- Journalists
4
Q
What is the “Privilege – Practical procedure”?
A
- You MUST ensure that 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 the things (Such as documents) which they claim are privileged.
- You must complete an inventory listing all the documents seized and show this to the person present and invite them to check the accuracy of the inventory. You must leave them a copy.
- Be AWARE that the person can 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 it without a warrant and have RGTB that anything discovered during the search may be privilege, then you must provide the person an 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should not undertake any other investigations in reliance on it unless no claim of privilege us made, or the claim is withdrawn, or the search is in accordance with the directions of the court determining the claim of privilege.
