Two exemptions in Schedule 2 sit apart from the rest of this series. Legal professional privilege and self-incrimination do not use the familiar prejudice test that runs through most of Schedule 2. Instead, they borrow directly from established common law and criminal law doctrine, so applying them correctly means applying the same test a court would apply.

This guide covers legal advice privilege, litigation privilege and the reasonable contemplation test set out by the Court of Appeal in SFO v Eurasian Natural Resources Corporation, along with self-incrimination and the limits Parliament built in around it. Download it if your organisation ever handles SARs alongside live or potential legal proceedings.