Page:Organised Crime Act 2015.pdf/10

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
ORGANISED CRIME
11


(b) only one or some of the persons in the group are involved in planning, organising or carrying out any serious offence in furtherance of the illegal purpose of the organised criminal group; or
(c) the membership of the group changes from time to time.

(4) In the following proceedings:

(a) proceedings against any person for a Part 2 offence, or for any offence which is subject to the penalty under section 13;
(b) any application for an OCPO or FRO, or a disqualification order, to be made against any person;
(c) any application for an examination order to be made against any person under section 73;
(d) any proceedings in relation to any application to be made against any person under Part 9,

it is not necessary for the Public Prosecutor to prove that the person knew the identity of all or any of the persons who constitute the organised criminal group.

Meaning of "item subject to legal privilege"

3.—(1) For the purposes of this Act, an item is subject to legal privilege if—

(a) it is a communication made between a lawyer and a client, or a legal counsel acting as such and his or her employer, in connection with the lawyer giving legal advice to the client or the legal counsel giving legal advice to the employer, as the case may be;
(b) it is a communication made between 2 or more lawyers acting for a client, or 2 or more legal counsel acting as such for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the legal counsel giving legal advice to the employer, as the case may be;