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Version date: 26 November 2008 - onwards
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3. Items subject to legal privilege

(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 docume

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