Privileged Material

Question 1

Discuss how Privileged Material can be gained.

Answer 1

Recognised privileged material includes material gained through communication with:

• legal advisers
• ministers of religion
• medical practitioners
• clinical psychologists
• informers (informants)
• journalists

Question 2

Discuss the set procedure involving Privileged Material held by a specific person.

Answer 2

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.

Question 3

What else must be taken into consideration?

Answer 3

They must provide you with a list of things which they claim is privileged.

You must provide and leave an inventory list.

They may make a copy of any document before they seize it and may object to any seizure.

If you are searching, and have RGTB something may be privileged, you must provide them with an opportunity to claim privilege.

Question 4

What do you do if yoou are waiting or expecting a claim of Privilege?

Answer 4

You should not undertake any other investigations in reliance on it unless no claim of privilege is made, or a claim is withdrawn, or the search is in accordance with the directions of the court determining the claim of privilege.