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 02 November 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
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
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).