Lawyer-Client Privilege is No More


by Jennie Rigg    
12:28 pm - March 24th 2009

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Via Purple Cthulhu and El Reg comes the news that The Regulation of Investigatory Powers Act specifically authorises bugging of lawyer-client privileged discussions, something that pre-RIPA had been assumed to be sacrosanct.

“In its natural and ordinary sense [RIPA] is capable of applying to privileged consultations and there is nothing in its wording which would operate to exclude them,” Lord Carswell wrote in his ruling. “It seems to me unlikely that the possibility of RIPA applying to privileged consultations could have passed unnoticed [in Parliament]. On the contrary, it is an obvious application of the Act, yet no provision was put in to exclude them.”

So we can add Lawyer-client confidentiality to the right to silence and habeus corpus and all the other protections for the accused which have gone by the wayside under this government. Another salami slice gone.

Something for my homeboy Huhne to add to his freedom bill, perhaps?

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Reader comments


1. Paul Sagar

I thought the Right to Silence was ditched by Michael “No sense of history, who cares if i’m a hypocrite?” Howard under the previous Tory administration?

Around the time he declared that “Prison Works”.

Lord Carswell wrote in his ruling. “It seems to me unlikely that the possibility of RIPA applying to privileged consultations could have passed unnoticed [in Parliament].

There seems to be some faith here that Parliamentarians read the legislation they vote on.

3. Jennie Rigg

Paul, you’re right, Howard started it with the Criminal Justice and Public Order Act 1994, but this should have been reversed by the HRA, given that the ECtHR has ruled that the right to silence is an intrinsic part of article 6. That is the fault of Labour.

4. Evan Price

Article 6 is not absolute, but special. As a result, it is not a breach to the right to a fair trial for inferences to be drawn from silence – much as I disagree with such inferences being permitted.

Just like America.

We just do what we are told by the American/British Neo Cons. We are slowly putting into practice the Patriot act by stealth.

And we are following this shit too from the good old USA.

Michigan 15-year-old dies after police Taser him

BAY CITY, Mich. – Police in Michigan say a 15-year-old boy has died after being Tasered by officers who were trying to break up a fight.

Police didn’t release his name and say state police are investigating.

A Bay City police news release says officers answered a report of an early morning fight on Sunday. The statement says two males were arguing in an apartment, and one of them “attempted to fight the officers.”

Police say officers Tasered him, and his reaction led them to immediately call for emergency medical help. He was pronounced dead at Bay Regional Medical Center.

Deputy Chief Thomas Pletzke tells WNEM-TV police placed one officer on administrative leave.

7. Stormrider

It’s taken the Nazis almost 70 years, but they’ve just about taken over. They just had to chip away slowly at all the freedoms rather than come out in the open.

8. Shatterface

I’m speachless – and that alone is enough for inferences to be drawn.

Why not just bring back the ducking stool and have done with it?


Reactions: Twitter, blogs
  1. Liberal Conspiracy

    New post: Lawyer-Client Privilege is No More http://tinyurl.com/cta3q6

  2. Jennie Rigg

    Posted to LibCon: Lawyer-Client Privilege is No More http://tinyurl.com/cta3q6

  3. Liberal Conspiracy

    New post: Lawyer-Client Privilege is No More http://tinyurl.com/cta3q6

  4. Jennie Rigg

    Posted to LibCon: Lawyer-Client Privilege is No More http://tinyurl.com/cta3q6

  5. S Smith

    Lawyer-Client Privilege is No More (Jennie Rigg)
    http://tinyurl.com/cta3q6

  6. Poe Lease Tate « Ten Percent

    [...] being exterminated. Or go the whole hog and join the professionals, lots more opportunities now bugging lawyers and their clients is no longer a hidden scam but officially approved by law. Also you can pretty well much be [...]





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