{
  "url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-investigations-scotland-order-2015/article-5",
  "json_url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-investigations-scotland-order-2015/article-5.json",
  "legislation": "uksi/2015/206",
  "legislation_title": "The Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015",
  "legislation_url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-investigations-scotland-order-2015",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Offences of prejudicing an external investigation",
  "text": "(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.\n(2) A person commits an offence if the person—\n(a) makes a disclosure which is likely to prejudice the external investigation; or\n(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.\n(3) A person does not commit an offence under paragraph (2)(a) if—\n(a) the person does not know or suspect that the disclosure is likely to prejudice the external investigation;\n(b) the disclosure is made—\n(i) in the exercise of a function under—\n(aa) the Act; or\n(bb) any other enactment relating to criminal conduct or benefit from criminal conduct; or\n(ii) in compliance with a requirement imposed under or by virtue of—\n(aa) the Act; or\n(bb) any other enactment relating to criminal conduct or benefit from criminal conduct;\n(c) the disclosure is of a matter within section 333A(2) or (3)(a) (money laundering: tipping off) of the Act and the information on which the disclosure is based came to the person in the course of a business in the regulated sector; or\n(d) the person is a professional legal adviser and the disclosure falls within paragraph (4).\n(4) A disclosure falls within this paragraph if it is a disclosure—\n(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\n(b) to any person in connection with legal proceedings or contemplated legal proceedings.\n(5) But a disclosure does not fall within paragraph (4) if it is made with the intention of furthering a criminal purpose.\n(6) A person does not commit an offence under paragraph (2)(b) if the person—\n(a) does not know or suspect that the documents are relevant to the external investigation; or\n(b) does not intend to conceal any facts disclosed by the documents from any constable acting in connection with the external investigation.\n(7) A person guilty of an offence under paragraph (2) is liable—\n(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\n(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.\n(8) In this article references to enactment include an instrument made under an Act of the Scottish Parliament.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 5 in force at 16.3.2015, see art. 1(b)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "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."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/206/article/5",
    "retrieved_at": "2026-10-28T23:48:07.705583+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}