112 Items subject to legal privilege

112  Items subject to legal privilege

(1)     Subsections (2) to (5) apply if—

(a)     an application is made for a warrant under this Part, and

(b)     the purpose, or one of the purposes, of the warrant is—

(i)     in the case of a targeted equipment interference warrant, to authorise or require interference with equipment for the purpose of obtaining items subject to legal privilege, or

(ii)     in the case of a targeted examination warrant, to authorise the selection of such items for examination.

(2)     The application must contain a statement that the purpose, or one of the purposes, of the warrant is to authorise or require interference with equipment for the purpose of obtaining items subject to legal privilege or (in the case of a targeted examination warrant) the selection for examination of items subject to legal privilege.

(3)     In deciding whether to issue the warrant, the person to whom the application is made must have regard to the public interest in the confidentiality of items subject to legal privilege.

(4)     The person to whom the application is made may issue the warrant only if the person considers—

(a)     that there are exceptional and compelling circumstances which make it

Powered by Lexis+®

Popular documents