OpenLegislation

Section 10 Meaning of “items subject to legal privilege”.C1C2C3

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to subsection (2) below, in this Act “items subject to legal privilege” means—

(a)

communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;

(b)

communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and

(c)

items enclosed with or referred to in such communications and made—

(i)

in connection with the giving of legal advice; or

(ii)

in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,

when they are in the possession of a person who is entitled to possession of them.

(2)

Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.

Annotations

Modifications

C1

Ss. 10-14 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(w), Sch.

C2

Ss. 10-14 applied in part (with modifications) (1.4.2026) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), ss. 7, 109(1), Sch. 1 (with ss. 72, 105); S.I. 2026/371, reg. 2(a)

C3

Ss. 10-14 applied in part (with modifications) (7.4.2026) by The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (S.I. 2026/303), regs. 1(1), 3, 4(w), Sch. paras. 1-10

Notes on Part II

Modifications

C1

Pt. II (ss. 8-23) extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2 Sch. Pt. I

Pt. II (ss. 8-23) applied (with modifications) (17.5.1996) by S.I. 1996/1296, art. 16(1)

Pt. II (ss. 8-23) amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(b)

Pt. II (ss. 8-23) applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 16(1)

Pt. II (ss. 8-23) modified (1.9.2001) by 2001 c. 17, s. 33; S.I. 2001/2161, art. 2 (subject to art. 3)

Pt. II (ss. 8-23): Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para 1; S.I. 2003/708, art. 2(a)(j)

C2

Pt. II (ss. 8-23) amended (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 16(1), 94; S.I. 2004/786, art. 3(2)

C3

Pt. II incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52

C4

Pt. 2 applied (8.3.2018) by The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 (S.I. 2018/187), arts. 1(1), 16(1) (with art. 3)