Part 1Serious Crime Prevention Orders

Information safeguards

I112Restrictions for legal professional privilege

1

A serious crime prevention orderF2in 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.

F14A

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.