XN000022-1992-11-23 — Page 5

4.

ARRESTABLE OFFENCES

MONDAY, NOVEMBER 23, 1992

THE LAW REFORM COMMISSION PREFERS TO RETAIN THE EXISTING DEFINITION OF

OFFENCE WHICH ARRESTABLE

IS THAT IT IS AN OFFENCE FOR

THE WHICH SENTENCE IS FIXED BY LAW OR FOR WHICH A PERSON MAY BE SENTENCED TO

FOR IMPRISONMENT

MORE THAN 12 MONTHS. ANYONE MAY ARREST WITHOUT WARRANT ANY PERSON WHO IS IN THE ACT OF COMMITTING OR HAS COMMITTED AN ARRESTABLE OFFENCE.

$.

SERIOUS ARRESTABLE OFFENCE

WILL BE WHERE A SERIOUS ARRESTABLE OFFENCE IS INVOLVED, THE POLICE ABLE TO EXERCISE MORE EXTENSIVE POWERS, SUCH AS EXTENDED DETENTION, THE TAKING OF INTIMATE SAMPLES AND DELAY IN PERMITTING ACCESS TO LEGAL ADVICE. THE COMMISSION PROPOSES THAT A SERIOUS ARRESTABLE OFFENCE FIVE SHOULD BE DEFINED AS ONE FOR WHICH A SENTENCE OF IMPRISONMENT OF YEARS OR

ADDITIONAL MORE CAN BE IMPOSED, PLUS A NUMBER OF

SPECIFIC

THE LAW REFORM OFFENCES.

COMMISSION HAS SUGGESTED THAT THESE ADDITIONAL SPECIFIC

SHOULD BE

BY IDENTIFIED ADMINISTRATION IN CONSULTATION WITH LAW ENFORCEMENT AGENCIES.

OFFENCES

ITEMS SUBJECT TO LEGAL PRIVILEGE

THE

ITEMS

SUBJECT

TO LEGAL PRIVILEGE INCLUDE LAWYER AND RIS CLIENT AND ANY

CONNECTION

WITH LEGAL PROCEEDINGS.

BY THE POLICE.

EXCLUDED MATERIAL

COMMUNICATIONS BETWEEN DOCUMENTS OR COMMUNICATIONS

THESE MATERIALS CANNOT BE

A

IN SEIZED

TISSUE OR JOURNALISTIC

GAIN

PROCEDURE,

EXCLUDED MATERIAL INCLUDES ALL PERSONAL RECORDS RELATING TO A PERSON'S HEALTH,

COUNSELLING OR PERSONAL WELFARE; HUMAN SPIRITUAL FLUID

FOR TAKEN

AND DIAGNOSIS OR MEDICAL TREATMENT; MATERIAL IN THE FORM OF DOCUMENTS OR RECORDS. THE POLICE CANNOT

SPECIAL ACCESS TO EXCLUDED MATERIAL UNLESS THEY FOLLOW A WHICH REQUIRES THEM TO MAKE AN INTER PARTES APPLICATION TO A JUDGE FOR AN ORDER THAT THE PERSON IN POSSESSION OF THE MATERIAL MATERIAL OR GIVE THE POLICE ACCESS TO IT.

8.

SPECIAL PROCEDURE MATERIAL

..

PRODUCE THE

MATERIAL

SPECIAL PROCEDURE MATERIAL INCLIIDES, FIRSTLY, JOURNALISTIC

OR IS NOT

MATERIAL ACQUIRED WHICH

EXCLUDED MATERIAL" AND, SECONDLY,

OR OTHER PROFESSION CREATED IN THE COURSE OF ANY TRADE, BUSINESS,

UNDERTAKING OCCUPATION WHICH IS HELD SUBJECT TO AN EXPRESS OR IMPLIED TO HOLD IT IN CONFIDENCE, OR SUBJECT TO A STATUTORY DISCLOSURE. BROADLY SPEAKING, THIS CATEGORY OF MATERIAL WOULD

ACCOUNTS, SUCH THINGS AS EMPLOYMENT RECORDS OR DETAILS OF BANK FILM TAKEN BY A JOURNALIST OF A NON-CONFIDENTIAL NATURE.

RESTRICTION ON COVER AND

/ACCESS TO