Online Safety Act 2023

108 Amendment of Criminal Justice and Police Act 2001

(1) The Criminal Justice and Police Act 2001 is amended as follows.

(2) In section 57(1) (retention of seized items), after paragraph (t) insert—

“(u) paragraph 8 of Schedule 12 to the Online Safety Act 2023.”

(3) In section 65 (meaning of “legal privilege”)—

(a) after subsection (8B) insert—

“(8C) An item which is, or is comprised in, property which has been seized in exercise or purported exercise of the power of seizure conferred by paragraph 7(f), (j) or (k) of Schedule 12 to the Online Safety Act 2023 is to be taken for the purposes of this Part to be an item subject to legal privilege if, and only if, the seizure of that item was in contravention of paragraph 17(3) of that Schedule (privileged information or documents).”;

(b) in subsection (9)—

(i) at the end of paragraph (d) omit “or”;

(ii) at the end of paragraph (e) insert “or”;

(iii) before the closing words insert—

“(g) paragraph 7(f), (j) or (k) of Schedule 12 to the Online Safety Act 2023.”

(4) In Part 1 of Schedule 1 (powers of seizure to which section 50 of the Act applies), after paragraph 73U insert—

“Online Safety Act 2023

73V Each of the powers of seizure conferred by paragraph 7(f), (j) and (k) of Schedule 12 to the Online Safety Act 2023.”