Page:Police and Criminal Evidence Act 1984.pdf/17

Rh

(2) Any Act (including a local Act) passed before this Act under which a search of premises for the purposes of a criminal investigation could be authorised by the issue of a warrant to a constable shall cease to have effect so far as it relates to the authorisation of searches—
 * (a) for items subject to legal privilege; or
 * (b) for excluded material; or
 * (c) for special procedure material consisting of documents or records other than documents.

10.—(1) Subject to subsection (2) below, in this Act “items subject to legal privilege” means—
 * (a) communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;
 * (b) communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and
 * (c) items enclosed with or referred to in such communications and made—
 * (i) in connection with the giving of legal advice; or
 * (ii) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,

when they are in the possession of a person who is entitled to possession of them.

(2) Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.

11.—(1) Subject to the following provisions of this section, in this Act “excluded material” means—
 * (a) personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence;
 * (b) human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence;