Police and Criminal Evidence Act 1984, section 10

Meaning of “items subject to legal privilege”

Part II Powers of Entry, Search and Seizure

(1) Subject to subsection (2) below, in this Act “items subject to legal privilege” means—

(a)communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;

(b)communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and

(c)items enclosed with or referred to in such communications and made—

(i)in connection with the giving of legal advice; or

(ii)in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,

when they are in the possession of a person who is entitled to possession of them.

(2)Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.

Cases considering section 10 25

Serious Fraud Office (SFO) v Eurasian Natural Resources Corp. Ltd

[2018] EWCA Civ 2006 · 5 September 2018

The statutory definition was accepted as accurately reflecting the common-law division between legal advice privilege and litigation privilege. It informed the court’s statement of the governing framework (see para [62]).

Minchin, R. v

[2013] EWCA Crim 2412 · 29 November 2013

The court held that the solicitors’ documents fell within the criminal-purpose exception because independent evidence already supported the alleged conspiracy to create a false alibi. The documents were therefore not protected by legal privilege for the production-order application. (see paras [30]-[31])

Accident Exchange Ltd & Anor v McLean & Ors

[2018] EWHC 23 (Comm) · 11 January 2018Interprets

Interprets section 10(2) as embodying the common law principle that items held with an intention of furthering a criminal purpose are outside legal privilege. The discussion formed part of the analysis of third-party iniquity and the innocent-tool requirement (see paras [20]-[24], [32]-[38]).

5 more judgments, and what each says about section 10, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Modifications

  1. C55Ss. 10-14 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(w), Sch.
  2. C56Ss. 10-14 applied in part (with modifications) (1.4.2026) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), ss. 7, 109(1), Sch. 1 (with ss. 72, 105); S.I. 2026/371, reg. 2(a)
  3. C57Ss. 10-14 applied in part (with modifications) (7.4.2026) by The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (S.I. 2026/303), regs. 1(1), 3, 4(w), Sch. paras. 1-10