Legal privilege in criminal cases

Copyright © 2025 LexisNexis

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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Corporate Crime News

What draft AML reforms mean for UK financial sector

Law360, Expert analysis: On 2 September 2025, HM Treasury (HMT) published draft regulations that would amend the UK Money Laundering Regulations, or MLRs, and related financial services instruments. The analysis examines the implications of the proposed regulatory changes for the UK financial sector. The draft regulations reflect HMT's latest approach to updating the UK’s anti-money laundering (AML) regulatory framework. Azim Rahman, associate, and Dorota Maj, counsel at Ropes & Gray LLP, provide professional commentary on the potential effects for financial services firms operating under the current MLR regime.

FCA outlines next steps to stop financial crime at AGM

Law360, London: The Financial Conduct Authority (FCA) outlined its next steps to prevent financial crime at its annual general meeting (AGM) on 9 October 2025, including further investment in its data-related technology and demands for higher level anti-fraud measures from tech firms such as Meta.

Environmental enforcement round-up—13 October 2025

A round-up of the latest environmental enforcement, including a dairy company fined for slurry pollution of a Dorset river.

HSE updates Product Safety Report following Swindon printing machinery explosion

The Health and Safety Executive (HSE) has updated its Product Safety Report following an industrial explosion involving a Diferro sublimation calender machine at Swindon's Groundwell Industrial Estate on 24 September 2025. Acting as market surveillance authority, HSE has directly contacted all known users of similar machinery, instructing them to consult the updated guidance and cease operations if in doubt. The revised guidance mandates that operators cease using these machines until a second independent Safety-Related Control System (SRCS) has been installed by a competent person and validated to appropriate standards. HSE is coordinating with UK border officials to prevent additional Diferro machines entering the country and is investigating possible links between the Swindon incident and a 2023 explosion at Treforest Industrial Estate, South Wales, which resulted in one fatality. The original Product Safety Report was first published in April 2024 following the South Wales incident.

View Corporate Crime by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
What is the difference between an appeal and a review?

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Contributory negligence in personal injury claims

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an