Privileged Material Flashcards
Privileged Material
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.
No privilege applies if the information is made, received, compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence.
Recognised privileged material includes material gained through communication with :
Legal advisors
Ministers of religion
Medical practitioners
Clinical psychologists
Informers (Informants)
Journalists
There are set procedures when a search involves privileged material held by a specified person. List the two things:
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.