Article 5 Offences of prejudicing an external investigationI1

England, Wales and Northern Ireland

(1)

This article applies if a person knows or suspects that an appropriate officer is acting (or proposing to act) in connection with an external investigation.

(2)

A person commits an offence if the person—

(a)

makes a disclosure which is likely to prejudice the external investigation, or

(b)

falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, documents which are relevant to the external investigation.

(3)

A person does not commit an offence under paragraph (2)(a) if—

(a)

the person does not know or suspect that the disclosure is likely to prejudice the external investigation,

(b)

the disclosure is made—

(i)

in the exercise of a function under—

(aa)

the Act, or

(bb)

any other enactment relating to criminal conduct or benefit from criminal conduct, or

(ii)

in compliance with a requirement imposed under or by virtue of—

(aa)

the Act, or

(bb)

any other enactment relating to criminal conduct or benefit from criminal conduct,

(c)

the disclosure is of a matter within section 333A(2) or (3)(a) (money laundering: tipping off) of the Act^f1 and the information on which the disclosure is based came to the person in the course of a business in the regulated sector, or

(d)

the person is a professional legal adviser and the disclosure falls within paragraph (4).

(4)

A disclosure falls within this paragraph if it is a disclosure—

(a)

to (or to a representative of) a client of the professional legal adviser in connection with the giving by the adviser of legal advice to the client, or

(b)

to any person in connection with legal proceedings or contemplated legal proceedings.

(5)

But a disclosure does not fall within paragraph (4) if it is made with the intention of furthering a criminal purpose.

(6)

A person does not commit an offence under paragraph (2)(b) if the person—

(a)

does not know or suspect that the documents are relevant to the external investigation, or

(b)

does not intend to conceal any facts disclosed by the documents from any appropriate officer acting in connection with the external investigation.

(7)

A person guilty of an offence under paragraph (2) is liable—

(a)

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

(b)

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

Annotations

Commencement

I1: Art. 5 in force at 13.8.2014, see art. 1(b)

Footnotes

f1: Section 333A was inserted by regulation 3 of, and paragraphs 1 and 4 of Schedule 2 to, S.I. 2007/3398, and was amended by section 15(3) of, and paragraphs 108 and 132 in Part 2 of Schedule 8 to, the Crime and Courts Act 2013.