Legal privilege in criminal cases

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Practice notes
What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...
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9th Nov
Practice notes
Fraud by failure to disclose information while under a legal duty to do so An offence of fraud by failure to disclose is committed where a...
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9th Nov
Practice notes
In summarising the law of contempt of court, the Court of Appeal has stated:‘The law of contempt exists to protect the course of proceedings from...
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Produced in partnership with Richard Wayman of Pump Court Chambers 12th Jan
Practice notes
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes
Voluntary bill of indictmentAn indictment may, exceptionally, be preferred (ie served on a Crown Court) by the direction or with the consent of a High...
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9th Nov
Practice notes
What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates'...
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9th Nov
Practice notes
Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov
Practice notes
Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...
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9th Nov
Practice notes
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
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9th Nov
Practice notes
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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9th Nov
Practice notes
The offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the...
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9th Nov
Practice notes
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...
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9th Nov
Practice notes
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made,...
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9th Nov
Practice notes
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of...
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9th Nov

Most recent Legal privilege in criminal cases content

Practice notes
Legal professional privilege (LPP), which underpins the confidentiality of communications between lawyers and clients for specific purposes, is a...
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Produced in partnership with Aine Kervick and Vivien Cochrane of Kingsley Napley LLP 5th May
Practice notes
The rules relating to privilege, disclosure and waiver can vary widely from one jurisdiction to another.In recent years, we have seen international...
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Produced in partnership with Áine Kervick of Kingsley Napley and Will Hayes of Kingsley Napley 4th May
Q&As
Although this is a question about privilege, privilege is a subset of confidentiality and this response addresses the wider issues. It assumes that...
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Produced in partnership with Sarah Mumford of Sarah Mumford 9th Apr
Practice notes
Legal professional privilege (LPP) is recognised as a fundamental right by the courts in England and Wales. At its heart is an acknowledgement of the...
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Produced in partnership with Amanda Raad, Arla Kerr, Matthew Burn and Chris Stott 9th Apr
Practice notes
The aim of this Practice Note is to provide some guidance about how best to ensure that legal professional privilege (LPP) is maintained for the...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley 9th Apr
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Argentina; Brazil; France; Germany; India; Japan; Netherlands; Portugal;...
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9th Apr
Practice notes
This Practice Note looks at privilege and confidential information in the context of a client-solicitor relationship where that solicitor-client...
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8th Apr
Practice notes
This Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP) and in particular considers the...
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8th Apr
Practice notes
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...
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8th Apr
Practice notes
This Practice Note considers legal professional privilege (LPP), which is made up of legal advice privilege and litigation privilege. It considers the...
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8th Apr
Practice notes
Legal privilege is the main means by which a company can resist disclosure of a confidential communication or document to a third party such as a...
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31st Mar
Practice notes
BackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley LLP 24th Feb
Practice notes
The aim of this Practice Note is to provide some guidance on the principles of legal professional privilege (LPP) as they apply in criminal...
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Produced in partnership with Aine Kervick and Will Hayes of Kingsley Napley 24th Feb
Q&As
Legal professional privilege (LPP) does not extend to everything legal professionals have a duty to keep confidential. LPP protects only those...
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15th Feb
Q&As
Professional privilege—core principlesThe core aim of privilege is to protect the confidentiality of communications between clients and their lawyers....
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13th Feb
Q&As
As a general rule where a party refers merely to the existence of a document rather than its contents, that would not be sufficient to constitute...
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Produced in partnership with Ryan Turner of Lamb Chambers 11th Feb
Q&As
Joint or common interest privilege may arise where multiple parties have a right to assert privilege in the same documents. The circumstances of such...
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11th Feb
Q&As
Without prejudice material does not fall under the legal professional privilege (LPP) umbrella. It is its own form of privilege rooted in public...
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Produced in partnership with Áine Kervick of Kingsley Napley 11th Feb

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