OpenLegislation

Section 19 Obstruction and contempt in relation to formal investigationI1C1

(1)

If any person without lawful excuse—

(a)

obstructs the Commissioner or any officer of the Commissioner in the conduct of a formal investigation; or

(b)

is guilty of any act in relation to such an investigation which, if that investigation were a proceeding in the High Court, would constitute contempt of court,

the Commissioner may certify the offence to the High Court.

(2)

Where an offence is certified under this section, the High Court may inquire into the matter and, after hearing—

(a)

any witnesses who may be produced against or on behalf of the person charged with the offence; and

(b)

any statement that may be offered in defence,

may deal with the person charged with the offence in any manner in which the court could deal with that person if the person had committed the same offence in relation to the court.

(3)

This section does not apply to the taking in good faith of any action mentioned in section 13(12).

Annotations

Modifications

C1

Ss. 2-29: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 2 (with art. 9(2))

Commencement

I1

S. 19 in operation at 1.12.2012 by S.R. 2012/388, art. 2(r)