Does the Terrorism Act 2000 override legal professional privilege?
Do sections 19 and 21A of the Terrorism Act 2000 override legal professional privilege?
No. Section 19(5) of the Terrorism Act 2000 does not require disclosure by a “professional legal adviser” of either:
- information which they obtain in “privileged circumstances”, or
- a belief or suspicion based on information which they obtain in “privileged circumstances”
in each case without an intention of furthering a criminal purpose.
Section 21A(5) provides that a person does not commit an offence under the section if:
- they are a “professional legal adviser”, and
- the information or other matter came to them in “privileged circumstances”
again without an intention of furthering a criminal purpose.
For more information, refer to chapters 13 and 17 of the anti-money laundering guidance for the legal sector.
Disclaimer
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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