4.7. For the purposes of this Code, any communication between
lawyer and client, or between a lawyer and another person for the
purpose of actual or contemplated litigation (whether civil or
criminal), must be presumed to be privileged unless the contrary is
established: for example, where it is plain that the communication
does not form part of a professional consultation of the lawyer, or
there is clear and compelling evidence that the ‘furthering a criminal
purpose’ exemption applies. Where there is doubt as to whether the
communications are subject to legal privilege or over whether
communications are not subject to legal privilege due to the “in
furtherance of a criminal purpose” exception, advice should be
sought from a legal adviser within the relevant intercepting agency.
4.8. RIPA does not provide any special protection for legally
privileged communications. Nevertheless, intercepting such
communications (or selecting them for examination in accordance
with section 16 when intercepted under a section 8(4) warrant) is
particularly sensitive and may give rise to issues under Article 6 (right
to a fair trial) of the ECHR as well as engaging Article 8. The
interception of communications subject to legal privilege (whether
deliberately obtained or otherwise) is therefore subject to additional
safeguards under this code as set out at paragraphs 4.9-4.15 below.
The guidance set out below may in part depend on whether matters
subject to legal privilege have been obtained intentionally or
incidentally to other material which has been sought.
Application process for section 8(1) warrants
4.9. Where interception under a section 8(1) warrant is likely to result
in a person acquiring communications subject to legal privilege, the
application should include, in addition to the reasons why it is
considered necessary for the interception to take place, an assessment
of how likely it is that communications which are subject to legal
privilege will be intercepted. In addition, it should state whether the
purpose (or one of the purposes) of the interception is to obtain
privileged communications. Where the intention is not to acquire
communications subject to legal privilege, but it is likely that such
communications will nevertheless be acquired during interception,
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