Search Introduction - Privileged Material

Question 1

What is privileged material?

Answer 1

Privilege allows the holders of particular information to refuse to disclose this information. This information is recognised as ‘privileged’ under the SSA.
No privilege applies if the information is made , received, compiled or prepared for a dishonest purpose to enable or aid any person to commit an offence.

Question 2

What constitutes privileged material?

Answer 2

Includes material gained through:

1. Legal advisors
2. Ministers of religion
3. Medical practitioners
4. Clinical psychologists
5. Informers
6. journalists

Question 3

What must you do when a search involves privileged material held by a specified person?

Answer 3

Ensure that the person or their representative is present when the search is under taken.
Give the person a reasonable opportunity to claim privilege.
Provide a copy of the inventory of all documents seized, show this to the person present and invite them to check the accuracy of the inventory.
If you are searching and have RGTB that anything discovered during the search may be privileged, then you must provide the person an opportunity to claim privilege.

Question 4

If you receive or are expecting to receive a claim of privilege…..

Answer 4

Secure the thing subject to privilege but do not continue to search or examine it. You should mot undertake any other investigations in reliance on it unless no claim of privilege is made, or a claim is withdrawn, or the search is in accordance with the directions of the court determining the claim of privilege.