Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 43 is up to date with all changes known to be in force on or before 29 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 43:
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 2Prevention, investigation and prosecution of crime
CHAPTER 3Extraction of information from electronic devices
43Confidential information
(1)
In this Chapter “confidential information” means information which constitutes or may constitute—
(a)
confidential journalistic material within the meaning of the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act), or
(b)
protected material.
(2)
In subsection (1)(b) “protected material”—
(a)
in relation to England and Wales means—
(i)
items subject to legal privilege, within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act),
(ii)
material falling within section 11(1)(a) of that Act (certain personal records held in confidence), or
(iii)
material to which section 14(2) of that Act applies (other material acquired in the course of a trade etc that is held in confidence);
(b)
in relation to Scotland means—
(i)
items in respect of which a claim to confidentiality of communications could be maintained in legal proceedings, or
(ii)
other material of a kind mentioned in paragraph (a)(ii) or (iii) of this subsection;
(c)
in relation to Northern Ireland, means—
(i)
items subject to legal privilege, within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 12 of that Order),
(ii)
material falling with Article 13(1)(a) of that Order (certain personal records held in confidence), or
(iii)
material to which Article 16(2) of that Order applies (other material acquired in the course of a trade etc that is held in confidence).