Part 2Investigations, prosecutions, proceedings and proceeds of crime

C2C4C10C5C18C8C20C34C16C23C12C26C15C24C13C21C6C14C22C28C9C11C19C25C3C30C17C32C29C7C31C33C27C35C36C37C38C39Chapter 1Investigatory powers of DPP, etc.

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2 Ch. 1 applied (6.7.2020 at 1.00 p.m.) by The Global Human Rights Sanctions Regulations 2020 (S.I. 2020/680), regs. 1(2), 37

C36

Pt. 2 Ch. 1 applied (29.4.2021 at 5.00 p.m.) by The Myanmar (Sanctions) Regulations 2021 (S.I. 2021/496), regs. 1(3), 67

Disclosure notices

I1I2C164Restrictions on requiring information etc.

1

A person may not be required under section 62 or 63—

a

to answer any privileged question,

b

to provide any privileged information, or

c

to produce any privileged document,

except that a lawyer may be required to provide the name and address of a client of his.

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.

5

A person may not be required under section 62 to produce any excluded material (as defined by section 11 of the Police and Criminal Evidence Act 1984 (c. 60) F1or, in relation to Northern Ireland, Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989).

6

In the application of this section to Scotland—

a

subsections (1) to (5) do not have effect, but

b

a person may not be required under section 62 or 63 to answer any question, provide any information or produce any document which he would be entitled, on grounds of legal privilege, to refuse to answer or (as the case may be) provide or produce.

7

In subsection (6)(b), “legal privilege” has the meaning given by section 412 of the Proceeds of Crime Act 2002 (c. 29).

8

A person may not be required under section 62 or 63 to disclose any information or produce any document in respect of which he owes an obligation of confidence by virtue of carrying on any banking business, unless—

a

the person to whom the obligation of confidence is owed consents to the disclosure or production, or

b

the requirement is made by, or in accordance with a specific authorisation given by, the Investigating Authority.

9

Subject to the preceding provisions, any requirement under section 62 or 63 has effect despite any restriction on disclosure (however imposed).