42
(c) items enclosed with or referred to in such communications and made-
(i) in connection with the giving of legal advice; or
(ii) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,
when they are in the possession of a person who is entitled to possession of them, but excluding, in any case, any communications or item held with the intention of furthering a criminal purpose;
"premises" includes any place and, in particular, includes--
(a) any vehicle, vessel, aircraft, hovercraft or offshore structure; and
(b) any tent or movable structure.
Disclosure of information held by public bodies
23. (1) Subject to subsection (4), the High Court may, on an application by the prosecutor, order any material mentioned in subsection (3) which is in the possession of a public body to be produced to the High Court within such period as the High Court may specify.
(2) The power to make an order under subsection (1) is exercisable if
(a) the powers conferred on the High Court by sections 10(1) and 11(1) are
exercisable by virtue of section 9(1); or
(b) those powers are exercisable by virtue of section 9(2) and the High Court has
made a restraint or charging order which has not been discharged,
but where the power to make an order under subsection (1) is exercisable by virtue only of paragraph (b), section 9(3) shall apply for the purposes of this section as it applies for the purposes of sections 10 and 11.
(3) The material referred to in subsection (1) is any material which–
(a) has been submitted to an officer of a public body by the defendant or by a
person who has at any time held property which was realisable property;
(b) has been made by an officer of a public body in relation to the defendant or
such a person; or
(c) is correspondence which passed between an officer of a public body and the
defendant or such a person,
and an order under that subsection may require the production of all such material or of a particular description of such material, being material in the possession of the body concerned.
(4) An order under subsection (1) shall not require the production of any material unless it appears to the High Court that the material is likely to contain information that would facilitate the exercise of the powers conferred on the High Court by sections 10 to 12 or on a receiver appointed under section 10 or 12 or in pursuance of a charging order.
(5) The High Court may by order authorize the disclosure to such a receiver of any material produced under subsection (1) or any part of such material; but the High Court shall not make an order under this subsection unless a reasonable opportunity has been given for an officer of the public body to make representations to the High Court.