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Criminal Law (Consolidation) (Scotland) Act 1995, Section 23J is up to date with all changes known to be in force on or before 25 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Neither a production order nor a Revenue and Customs warrant authorises the seizure, removal or copying of any documents or other things subject to legal privilege.
(2)Subsection (1) above does not apply where the document or thing is held for the purposes of furthering a criminal purpose.
(3)In this section—
“documents or other things subject to legal privilege” means—
communications between a professional legal adviser and the adviser's client; or
communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,
which would, in legal proceedings, be protected from disclosure by virtue of any rule of law relating to confidentiality of communications.]
Textual Amendments
F1Ss. 23A-23P and cross-headings inserted (1.12.2007) by Finance Act 2007 (c. 11), s. 85, Sch. 23 paras. 3, 14; S.I. 2007/3166, art. 3
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