Policing, Security and Community Safety Act 2024
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Privileged legal material | ||
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212. (1) Where a person subject to a requirement under subsection (1) or (4) of section 211 , or a direction under subsection (8) of that section, refuses to comply with such direction or requirement on the grounds that subsection (12) of that section applies, the Police Ombudsman or the person subject to such direction or requirement may apply to the District Court for a determination as to whether that subsection applies to the information, document or thing the subject of the requirement or direction. | ||
(2) A person who refuses to comply with a requirement under subsection (1) or (4) of section 211 , or a direction under subsection (8) of that section, on the grounds that the document or thing is privileged legal material shall preserve the document or thing and keep it in a safe and secure place pending the determination of an application under subsection (1) and shall, if it is so determined not to be privileged legal material, produce it in accordance with an order made by the District Court in an application under subsection (1). | ||
(3) Pending the making of a final determination of an application under subsection (1), the judge of the District Court may give such interim or interlocutory directions as he or she considers appropriate, including, without prejudice to the generality of the foregoing, in a case in which the volume of documents that are the subject of the application is substantial, directions as to the appointment of a person with suitable legal qualifications possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the judge considers to be appropriate for the purpose of— | ||
(a) examining the documents, and | ||
(b) preparing a report for the judge with a view to assisting or facilitating the judge in the making by him or her of his or her determination as to whether the documents are privileged legal material. | ||
(4) An application under subsection (1) may, if the judge of the District Court so directs, be heard otherwise than in public. | ||
(5) An appeal against the determination of a judge of the District Court under this section shall lie to the Circuit Court and no further appeal shall lie from an order of the Circuit Court made on an appeal under this section. | ||
(6) Rules of court may make provision for the expeditious hearing of applications to a judge of the District Court, and any appeals against the determinations of such a judge, under this section. | ||
(7) The Minister may make regulations for the purposes of this section relating to the awarding, and payment, of costs to or by any party pursuant to an application or an appeal under this section. | ||
(8) An application under subsection (1) shall be made to a judge of the District Court who is assigned to the District Court district in which the document or thing sought is located or the person from whom the information, document or thing is sought ordinarily resides or carries on any profession, business or occupation. | ||
(9) In this section, “privileged legal material” means any information, document or thing which, in the opinion of the court concerned, a person is entitled to refuse to produce or to give access to it on the grounds of legal professional privilege. |