Privileged Material

Question 1

In relation to privileged, what allows the holder to exercise?

Answer 1

The holder of that particular information gives them the authority to refuse or disclose this information. This is recognised as privileged under S&S 2012 Act.

Question 2

When can information not privileged?

Answer 2

When it is made, received, compiled or prepared for dishonest purpose or to enable or aid any person to commit an offence.

Question 3

What is recognised as privileged material that may be gained through communication with?

Answer 3

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

Question 4

Privilege Practical Procedures

What must you do when privilege is held by a person?

Answer 4

You must:

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

Question 5

In terms of the practical steps to taken around searching and finding privileged information?

Answer 5

• If you come across privileged information should raise it then allow them the opportunity to claim the privilege, they should provide you a list of the privileged information.
• Complete POL 268 of seized documents present to them and get them to check the accuracy of the inventory.
• If privilege is claimed or expected to be claimed then secure item but do not search or examine it.
• You should not take any investigations in reliance on it unless no claim of privilege is made, or a claim is withdrawn. OR search is in accordance with directions of the court determining the claim of privilege.