Part XXVIII Miscellaneous

Limitation on powers to require documents

413 Protected items.

(1)

A person may not be required under this Act to produce, disclose or permit the inspection of protected items.

(2)

“Protected items” means—

(a)

communications between a professional legal adviser and his client or any person representing his client which fall within subsection (3);

(b)

communications between a professional legal adviser, his client or any person representing his client and any other person which fall within subsection (3) (as a result of paragraph (b) of that subsection);

(c)

items which—

(i)

are enclosed with, or referred to in, such communications;

(ii)

fall within subsection (3); and

(iii)

are in the possession of a person entitled to possession of them.

(3)

A communication or item falls within this subsection if it is made—

(a)

in connection with the giving of legal advice to the client; or

(b)

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

(4)

A communication or item is not a protected item if it is held with the intention of furthering a criminal purpose.