Police use of Body Worn Video (BWV) and the term Legal Privilege (FOI)

​Request

In respect of the States of Jersey Police using Body Mounted Video (BMV), in their terms and conditions it states that they must not record "Legal Privilege".

Using the Freedom of Information Act, I would like a description of what this word (Legal Privilege) means and its definition in terms of the States of Jersey Police. Furthermore, can they record current or previous members of the Armed Forces?

Response

The term Legal Privilege is described in common law as either:

• Legal Advice privilege: The communication between lawyer and client provided that the communication is for the purpose of seeking and receiving legal advice in a relevant legal context.

or

• Litigation Privilege: this protects confidential communications between clients and their lawyers and / or a third party and between clients and third parties, provided the communications are created for the dominant purpose of:

• obtaining legal advice
• evidence
• information in preparation of actual litigation or litigation that is "reasonably in prospect"

Members of the armed forces past or present, are subject to the same laws as other members of the public and can be captured on BWV.

Body Worn Video (BWV) on States of Jersey Police website