Legal privilege in criminal cases

Legal professional privilege in criminal proceedings

Legal professional privilege (LPP) is a fundamental right. It embodies the need to allow people to speak freely to a lawyer without fear that the information they are imparting will be divulged in breach of their confidence. The effect of a document attracting LPP is that it cannot be forcibly disclosed to any other party outside of the privileged relationship that exists between lawyer and client. It is an important safeguard. Legal advisers have a duty to protect their client’s privilege and not unintentionally waive it. Practitioners therefore require a sound understanding of how the principles of LPP apply in criminal investigations and prosecutions.

This is particularly so, if an external lawyer is approached to conduct an internal investigation on behalf of a corporate client into suspected criminal offences, since they will be advising that client on the merits of a self-report to the likes of the Serious Fraud Office (SFO), the Financial Conduct Authority (FCA), the Competition and Markets Authority (CMA), the National Crime Agency (NCA) or the Health and Safety Executive (HSE) or Environment Agency (EA). Practice