Article 5 Offences of prejudicing an external investigationI1

Scotland

(1)

This article applies if a person knows or suspects that a constable 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 constable 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 twelve 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.

(8)

In this article references to enactment include an instrument made under an Act of the Scottish Parliament.

Annotations

Commencement

I1: Art. 5 in force at 16.3.2015, 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.