Legal Professional Privilege in Criminal Investigations and Proceedings

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Will Hayes (Senior Associate, Senior Associate, Kingsley Napley) Vivien Cochrane (Partner, Partner, Shearman Bowen)

Legal Professional Privilege in Criminal Investigations and Proceedings

Will Hayes (Senior Associate, Senior Associate, Kingsley Napley), Vivien Cochrane (Partner, Partner, Shearman Bowen)

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English

Oxford University Press
09 July 2024

Courts & procedure; Criminal procedure; Employment & labour law

Legal Professional Privilege in Criminal Investigations and Proceedings is concerned with the law of legal professional privilege and its practical application in criminal cases and internal investigations, providing a single point of reference for all criminal practitioners regardless of the type of case in which they are involved. Focused and structured around the practical issues that criminal lawyers encounter and the stage in proceedings at which they typically arise, the book offers guidance and analysis on issues such as communicating with third parties to obtain evidence for trial, invoking the crime-fraud exception in criminal proceedings, and the effect on privilege of disclosing the reasons for advice to answer no comment. The authors also discuss the relationship between privilege and powers of search and seizure, conducting privilege reviews, compelled interviews, reference to privileged material in an expert's report, and prosecution privilege and disclosure obligations. Finally, the volume addresses corporate co-operation and waiver of privilege, inadvertent waiver by lawyers at court, appeals based on criticism of previous legal representatives and fresh evidence, and the extent to which privilege can apply to internal investigation witness interviews and fact-finding reports.

Legal Professional Privilege in Criminal Investigations and Proceedings will provide vital guidance for criminal defence lawyers - both solicitors and barristers - as well as those involved in the criminal justice system more widely, including prosecution lawyers, investigators, independent counsel undertaking privilege reviews, and members of the judiciary who are asked to determine privilege issues in criminal proceedings.

By: Will Hayes (Senior Associate Senior Associate Kingsley Napley), Vivien Cochrane (Partner, Partner, Shearman Bowen)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 153mm, Width: 174mm, Spine: 23mm
Weight: 680g
ISBN: 9780192859174
ISBN 10: 019285917X
Pages: 304
Publication Date: 09 July 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Legal Professional Privilege - General Principles 2: The Crime-Fraud Exception 3: Search and Seizure, Compulsion, Surveillance, and Interception 4: Privilege Reviews 5: Compelled Interviews 6: The Police Station and Interviews under Caution 7: Waiver and Co-operation 8: Prosecution Privilege 9: Evidence Gathering and Preparing for Court 10: Court Proceedings 11: Appeals 12: Internal Investigations

Vivien Cochrane is a solicitor and Partner at Shearman Bowen. She has spent her career exclusively practising in criminal defence and has had experience defending in cases across the full spectrum of the criminal law. Vivien is frequently instructed in cases with complex factual backgrounds and with novel points of law and has a particular expertise in defending in large-scale and high-profile investigations. She is an expert on the law of legal professional privilege in criminal proceedings and is an Honorary Lecturer at Queen Mary University School of Law. Will Hayes is a barrister and Senior Associate at Kingsley Napley. He has a wealth of experience representing individuals and corporate clients in all types of criminal cases and at every stage of proceedings, with a particular focus on white-collar crime, internal investigations and cases with an international dimension. He is an expert on the law of legal professional privilege and regularly advises on complex privilege issues in a wide range of criminal cases and internal investigations.