Production orders Flashcards
1
Q
Duration
A
Not exceeding 30 days
2
Q
Tangible
A
Something that can be touched
3
Q
Intangible
A
Unable to be touched, not having a physical presence
4
Q
Privileged Material
A
Allow holders of particular information to refuse to disclose information:
-legal advisors
- Ministers of Religion
- Medical Practitioners
- Clinical Psychologists
- Informer
- Journalist
NOT ACCOUNTANTS
5
Q
When does Privilege not apply:
A
If the information is made, received, complied or prepared for a dishonest purpose or to enable or aid any person to commit an offence
6
Q
Search involving privileged material
A
You must:
- ensure the person or rep is present when the search is undertaken
- Give the person reasonable opportunity to claim privilege (as soon as practicable they must provide a list of things they claim are privileged)
- compete an inventory listing all documents seized and show to person present. Leave a copy
- if you have RGTB you discover information that may be privileged, then give reasonable opportunity to claim privilege
-if you receive a claim of privilege or are expecting a claim. Secure the thing subject to this but do not continue to search or examine it.
