Section 359 OffencesI1 C1 C2

England, Wales and Northern Ireland

(1)

A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed on him under a disclosure order.

(2)

A person guilty of an offence under subsection (1) is liable on summary conviction to—

(a)

imprisonment for a term not exceeding six months,

(b)

a fine not exceeding level 5 on the standard scale, or

(c)

both.

(3)

A person commits an offence if, in purported compliance with a requirement imposed on him under a disclosure order, he—

(a)

makes a statement which he knows to be false or misleading in a material particular, or

(b)

recklessly makes a statement which is false or misleading in a material particular.

(4)

A person guilty of an offence under subsection (3) 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 two years or to a fine or to both.

Annotations

C1: S. 359 applied (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 8(1)(2)(6)-(8), 18(2)(6)(7), 27(6)(7), 28(7) (as amended (1.4.2008) by S.I. 2008/298, arts. 1(1), 2(9)(10))
C2: S. 359 excluded (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 27(2), 28(2) (as amended (1.4.2008) by S.I. 2008/298, arts. 1(1), 2(9)(10))

I1: S. 359 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

C1: Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)