Legal Professional Privilege in Criminal Investigations & Proceedings by Vivien Cochrane | 2024

Legal Professional Privilege in Criminal Investigations & Proceedings by Vivien Cochrane | 2024

"Legal Professional Privilege in Criminal Investigations and Proceedings" explores the laws surrounding legal professional privilege and its application in criminal cases and internal investigations, serving as a comprehensive resource for all criminal practitioners, regardless of their case type.

The book is structured around practical issues that criminal lawyers face and the typical stages of proceedings. It provides guidance and analysis on various topics, such as communicating with third parties to gather trial evidence, applying the crime-fraud exception in criminal cases, and how disclosing reasons for advice to remain silent can impact privilege. The authors also examine the relationship between privilege and search and seizure powers, conducting privilege reviews, compelled interviews, referencing privileged material in expert reports, and issues related to prosecution privilege and disclosure obligations. Additionally, the book covers corporate cooperation and waiver of privilege, inadvertent waiver by lawyers in court, appeals based on previous legal representation, and the extent of privilege in internal investigation witness interviews and fact-finding reports.

"Legal Professional Privilege in Criminal Investigations and Proceedings" offers essential guidance for criminal defense lawyers, including both solicitors and barristers, and those involved in the criminal justice system, such as prosecution lawyers, investigators, independent counsel for privilege reviews, and judges determining privilege issues in criminal cases.

Table Of Content of Legal Professional Privilege in Criminal Investigations & Proceedings | 2024 :

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

About The Author(s) of Legal Professional Privilege in Criminal Investigations & Proceedings | 2024 :

Vivien Cochrane is a criminal defence solicitor and Partner at Shearman Bowen. She has dedicated her entire career to criminal defence work, handling cases across the full range of criminal law. Vivien frequently takes on matters with intricate factual circumstances and novel legal questions. She has particular expertise in defending clients in large-scale, high-profile investigations. Vivien is an authority on the law of legal professional privilege in criminal proceedings and serves as an Honorary Lecturer at Queen Mary University School of Law.

Will Hayes is a barrister and Senior Associate at Kingsley Napley. He has extensive experience representing individuals and companies in all types of criminal cases, from start to finish, with a focus on white-collar crime, internal investigations, and matters with an international element. Will is an expert on legal professional privilege and regularly advises on complex privilege issues in a wide range of criminal cases and internal investigations.

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