Prospective
3Items subject to legal privilegeU.K.
(1)Section 1 does not authorise a constable to remove a document if the constable has reasonable cause to believe—
(a)it is an item subject to legal privilege, or
(b)it has an item subject to legal privilege comprised in it.
(2)Subsection (1)(b) does not prevent the removal of a document if it is not reasonably practicable for the item subject to legal privilege to be separated from the rest of the document without prejudicing any use of the rest of the document that would be lawful if it were subsequently seized.
(3)If, after a document has been removed under section 1, it is discovered that—
(a)it is an item subject to legal privilege, or
(b)it has an item subject to legal privilege comprised in it,
the document must be returned forthwith.
(4)Subsection (3)(b) does not require the return of a document if it is not reasonably practicable for the item subject to legal privilege to be separated from the rest of the document without prejudicing any use of the rest of the document that would be lawful if it were subsequently seized.
(5)Where an item subject to legal privilege is removed under subsection (2) or retained under subsection (4), it must not be examined or put to any other use except to the extent necessary for facilitating the examination of the rest of the document.
(6)For the purposes of this section “item subject to legal privilege”—
(a)in England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984 (c. 60);
(b)in Scotland, has the meaning given by section 412 of the Proceeds of Crime Act 2002 (c. 29);
(c)in Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).