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R v Lisa Joy Loizou

There was a distinction between a defendant having to reveal what had been said to a solicitor to rebut an allegation of recent fabrication and volunteering information about the legal advice over and above stating that the refusal to answer questions had been as a result of receiving such advice. Once a defendant or defendant’s solicitor gave evidence of the content or the reason for advice given, legal professional privilege was waived.

15 September 2006

The appellant (L) appealed against her conviction on one count of transferring criminal property contrary to s 327(1)(d) of the Proceeds of Crime Act 2002. L had declined to answer questions during her police interviews. At trial, when asked by her counsel why she had answered “no comment” during interviews, L stated that her solicitor had advised her to do so because there was no connection for her to be charged with money laundering. Under cross-examination, the prosecution asked L whether she had told her solicitor any of the account she later gave in evidence. Following argument, in the absence of the jury, the judge took the view that that question could be asked, in accordance with R v Bowden [1999] Cr App R 176, as L had waived her legal professional privilege by putting forward the reason for the legal advice. The prosecution subsequently alleged recent fabrication by L, in that she had later concocted a defence and tailored it to prosecution evidence. The judge...

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