Section 17 Investigation of terrorist activities.C1

United Kingdom

(1)

Schedule 7 to this Act shall have effect for conferring powers to obtain information for the purposes of terrorist investigations, that is to say—

(a)

investigations into—

(i)

the commission, preparation or instigation of acts of terrorism to which section 14 above applies; or

(ii)

any other act which appears to have been done in furtherance of or in connection with such acts of terrorism, including any act which appears to constitute an offence under section 2, 9, 10 F111, 18 or 18A of this Act or F2section 29 or 30 of the Northern Ireland (Emergency Provisions) Act 1996; or

(iii)

without prejudice to sub-paragraph (ii) above, the resources of a proscribed organisation within the meaning of this Act or a proscribed organisation for the purposes of F3section 30 of the said Act of 1996; and

(b)

investigations into whether there are grounds justifying the making of an order under section 1(2)(a) above or F4section 30(3) of the Act of 1996.

F5(2)

A person is guilty of an offence if, knowing or having reasonable cause to suspect that a constable is acting, or is proposing to act, in connection with a terrorist investigation which is being, or is about to be, conducted, he—

(a)

discloses to any other person information or any other matter which is likely to prejudice the investigation or proposed investigation, or

(b)

falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to the investigation, or proposed investigation.

(2A)

A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure (“the disclosure”) has been made to a constable under section 12, 18 or 18A of this Act F6. . ., he—

(a)

discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; or

(b)

(2B)

A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure (“the disclosure”) of a kind mentioned in section 12(4) or 18A(5) of this Act F7. . . has been made, he—

(a)

discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; or

(b)

(2C)

Nothing in subsections (2) to (2B) above makes it an offence for a professional legal adviser to disclose any information or other matter—

(a)

to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or

(b)

to any person—

(i)

in contemplation of, or in connection with, legal proceedings; and

(ii)

for the purpose of those proceedings.

(2D)

Subsection (2C) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

(2E)

No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of terrorism.

(3)

In proceedings against a person for an offence under subsection (2)(a) above it is a defence to prove—

(a)

that he did not know and had no reasonable cause to suspect that the disclosure was likely to prejudice the investigation F8or proposed investigation; or

(b)

that he had lawful authority or reasonable excuse for making the disclosure.

F9(3A)

In proceedings against a person for an offence under subsection (2A)(a) or (2B)(a) above it is a defence to prove—

(a)

that he did not know and had no reasonable cause to suspect that his disclosure was likely to prejudice the investigation in question; or

(b)

that he had lawful authority or reasonable excuse for making his disclosure.

(4)

In proceedings against a person for an offence under subsection (2)(b) above it is a defence to prove that he had no intention of concealing any information contained in the material in question from F10any person conducting, or likely to be conducting, the investigation or proposed investigation.

F11(4A)

In proceedings against a person for an offence under subsection (2A)(b) or (2B)(b) above, it is a defence to prove that he had no intention of concealing any information contained in the material in question from any person who might carry out the investigation in question.

(5)

A person guilty of an offence under subsection (2) F12(2A) or (2B) above is liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both;

(b)

on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

F13(6)

For the purposes of subsection (1) above, as it applies in relation to any offence under section 18 or 18A below F14. . ., “act” includes omission.

Annotations

Textual amendments

F1: Words in s. 17(1)(a)(ii) substituted (1.4.1994) by 1993 c. 36, s. 50(2); S.I. 1994/700, arts. 2, 3, Sch.
F2: Words in s. 17(1)(a)(ii) substituted (25.8.1996) by 1996 c. 22, ss. 62(1), 63(6), Sch. 6 para. 6(2) (which 1996 Act is repealed (N.I.) as from the end of 24.8.2000 by 1996 c. 22, s. 62(10) (as substituted by 1998 c. 9, s. 1(3)))
F3: Words in s. 17(1)(a)(iii) substituted (25.8.1996) by 1996 c. 22, ss. 62(1), 63(6), Sch. 6 para. 6(3) (which 1996 Act is repealed (N.I.) as from the end of 24.8.2000 by 1996 c. 22, s. 62(10) (as substituted by 1998 c. 9, s. 1(3)))
F4: Words in s. 17(1)(b) substituted (25.8.1996) by 1996 c. 22, ss. 62(1), 63(6), Sch. 6 para. 6(4) (which 1996 Act is repealed (N.I.) as from the end of 24.8.2000 by 1996 c. 22, s. 62(10) (as substituted by 1998 c. 9, s. 1(3)))
F5: S. 17(2)(2A)-(2E) substituted (1.4.1994) for subsection (2) by 1993 c. 36, s. 50(3); S.I. 1994/700, arts. 2, 3, Sch.
F6: Words in s. 17(2A) repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(6)(7), Sch. 6 para. 6(5), Sch. 7 Pt. I (which 1996 Act is repealed (N.I.) as from the end of 24.8.2000 by 1996 c. 22, s. 62(10) (as substituted by 1998 c. 9, s. 1(3)))
F7: Words in s. 17(2B) repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(6)(7), Sch. 6 para. 6(6), Sch. 7 Pt. I (which 1996 Act is repealed (N.I.) as from the end of 24.8.2000 by 1996 c. 22, s. 62(10) (as substituted by 1998 c. 9, s. 1(3)))
F8: Words in s. 17(3) inserted (1.4.1994) by 1993 c. 36, s. 50(4); S.I. 1994/700, arts. 2, 3, Sch.
F9: S. 17(3A) added (1.4.1994) by 1993 c. 36, s. 50(5); S.I. 1994/700, arts. 2, 3, Sch.
F10: Words in s. 17(4) substituted (1.4.1994) by 1993 c. 36, s. 50(6); S.I. 1994/700, arts. 2, 3, Sch.
F11: S. 17(4A) inserted (1.4.1994) by 1993 c. 36, s. 50(7); S.I. 1994/700, arts. 2, 3, Sch.
F12: Words in s. 17(5) inserted (1.4.1994) by 1993 c. 36, s. 50(8); S.I. 1994/700, arts. 2, 3, Sch.
F13: S. 17(6) added (1.4.1994) by 1993 c. 36, s. 50(9); S.I. 1994/700, arts. 2, 3, Sch.
F14: Words in s. 17(6) repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(6)(7), Sch. 6 para. 6(7), Sch. 7 Pt. I (which 1996 Act is repealed (N.I.) as from the end of 24.8.2000 by 1996 c. 22, s. 62(10) (as substituted by 1998 c. 9, s. 1(3)))

Modifications

C1: S. 17 applied (1.8.1994) by S.I. 1994/1758, art. 3

Notes on the whole Act

Textual amendments

F1: Act repealed (19.2.2001) by 2000 c. 11, ss. 2(1)(a), 125, Sch. 16 Pt I (with s. 129(1); S.I. 2001/421, art. 2