93Procedure for determining privilege—search warrants

93 Procedure for determining privilege—search warrants

(1) This section applies if—

(a) a person executing a search warrant (the searcher) wishes to inspect, copy or seize a document or other thing under the search warrant; and

(b) a person who is entitled to claim the privilege (the claimant) claims that the document or other thing is the subject of privilege.

(2) The searcher must consider the claim of privilege and either—

(a) cease exercising the power under the search warrant in relation to the document or other thing over which the claim of privilege is made; or

(b) require the claimant to immediately seal the document or other thing in an envelope, or otherwise secure it if it cannot be sealed in an envelope, and give it to the searcher.

(3) The searcher must not inspect the document in considering the claim of privilege.

(4) If the searcher requires the claimant to give the document or other thing to the searcher under subsection (2)(b), the searcher must—

(a) notify the investigating panel as soon as practicable; and

(b) give the sealed envelope or the document or other thing otherwise secured to the proper court officer of the Supreme Court as soon as practicable, and in any event within 3 days after receiving it from the claimant, to be held in safe custody.

(5) Subject to section 95, a person must not open a sealed envelope or interfere with a document or thing secured otherwise than in an envelope before delivery to the proper officer.