Section 12 Restrictions for legal professional privilegeI1

England, Wales and Northern Ireland

(1)

A serious crime prevention orderF1in England and Wales or Northern Ireland may not require a person—

(a)

to answer any privileged question;

(b)

to provide any privileged information; or

(c)

to produce any privileged document.

(2)

A “privileged question” is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court.

(3)

“Privileged information” is information which the person would be entitled to refuse to provide on grounds of legal professional privilege in such proceedings.

(4)

A “privileged document” is a document which the person would be entitled to refuse to produce on grounds of legal professional privilege in such proceedings.

F2(4A)

A serious crime prevention order in Scotland may not require a person to breach any duty of confidentiality of communications which the person could not be required to breach in proceedings before the appropriate court.

(5)

But F3subsections (1) and (4A) do not prevent an order from requiring a lawyer to provide the name and address of a client of his.

Annotations

Textual amendments

F1: Words in s. 12(1) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 12(2); S.I. 2016/148, reg. 3(f)
F2: S. 12(4A) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 12(3); S.I. 2016/148, reg. 3(f)
F3: Words in s. 12(5) substituted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 12(4); S.I. 2016/148, reg. 3(f)

Commencement

I1: S. 12 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)