MLP 233 Study Guide - Final Guide: Hsbc Finance, Disclose, Fresh Evidence

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27 Jul 2018
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Investigatory powers: main body of police powers in aid of investigation and interrogation, summary offences act, 1953, criminal law (forensic procedures) act 2007, controlled substances act 1984, criminal law (undercover operations) act 1995. Sa and did not interfere with any implied right (implied right of privacy or freedom from interference with property) in the cwlth cons: so not inconsistent with clwth law either. Two types of immunity from s. 67 legal professional privilege: public interest immunity, where it wouldn"t be in the public"s interest for a set of documents to be revealed, for example. Court had a discretion whether or not t examine the documents for itself to see if in fact the public interest immunity applied. Legal professional privilege a limit on the exercise of search power. No, the police must give the privilege holder a reasonable opportunity to claim privilege (consistent with baker v campbell).