BORA Evidence Bill [pdf, 406 KB]
...office in the course of an investigation into a criminal offence or possible criminal offence. 25. However, clause 56 contains restrictions upon the ability to claim the privilege, including: 25.1 Clause 56(3) provides that the privilege can be claimed unless an enactment removes the privilege either expressly or by necessary implication. The courts have always considered that the common law privilege can be abrogated by statute in this way.[6] 25.2 It does not apply to a defendant in...