Criminal Cases Review Commission (Information) Bill

“(7)     If the material being requested under subsection (1) is protected by
legal professional privilege or is journalistic material or disclosure
could lead to the identification of a journalistic source, the person
holding the material must be—

(a)   notified in advance of the hearing of the application which
must be held inter partes, and

(b)   permitted to make representations to the court regarding
the application.

(8)     Where the material is of the kind provided for under subsection (7),
the court may not make an order unless it is satisfied that—

(a)   the material is of substantial value and relevant to the
matter under investigation;

(b)   it is not possible for the Commission to obtain the
information by other means;

(c)   it is in the public interest for the material to be disclosed, as
determined by its benefit to any investigation; and

(d)   taking into account the circumstances, there is no significant
reason why the information should not be disclosed.

(9)     “Journalistic material” and “legal and professional privilege” shall
have the same meaning as set out in sections 10 and 13 of the Police
and Criminal Evidence Act 1984.”