# The Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015, Article 5: Offences of prejudicing an external investigation

Extent: S

(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 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.

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Source: https://www.legislation.gov.uk/uksi/2015/206/article/5 (the official version)
Page: https://openlegislation.uk/proceeds-of-crime-act-2002-external-investigations-scotland-order-2015/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.