Criminal Justice Act 1993

47 Offences relating to proceeds of terrorist-related activities

(1) In section 53 of the Northern Ireland (Emergency Provisions) Act 1991 (assisting another to retain proceeds of terrorist-related activities) the following subsection shall be inserted after subsection (3)—

“(3A) Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with terrorist-related activities or any matter on which such a suspicion or belief is based, the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise.”.

(2) In section 53 of that Act the following subsection shall be inserted after subsection (4)—

“(4A) In the case of a person who was in employment at the relevant time, subsections (3), (3A) and (4)(c) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.”.

(3) In subsection (3) of section 54 of that Act (concealing or transferring proceeds of terrorist-related activities), for the words from “that property” to the end of that subsection, there shall be substituted “or uses that property or has possession of it”.

(4) In section 54 of that Act, the following subsection shall be inserted after subsection (3)—

“(3A) It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.”.

(5) For section 54(5) of that Act there shall be substituted—

“(5) For the purposes of subsection (3A) above—

(a) a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property;

(b) a person uses or has possession of any property for inadequate consideration if the value of the consideration is significantly less than the value of his possession or use of the property; and

(c) the provision for any person of services or goods which are of assistance to him in terrorist-related activities shall not be treated as consideration.

(5A) Where a person discloses to a constable a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of terrorist-related activities or any matter on which such a suspicion or belief is based—

(a) the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and

(b) if he does any act in contravention of subsection (3) above, he does not commit an offence under that subsection if—

(i) the disclosure is made before he does the act concerned and that act is done with the consent of the constable; or

(ii) the disclosure is made after he does the act but on his initiative and as soon as it is reasonable for him to make it.

(5B) For the purposes of this section, having possession of any property shall be taken to be doing an act in relation to it.

(5C) In proceedings against a person for an offence under subsection (3) above, it is a defence to prove that—

(a) he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (5A) above; but

(b) there is reasonable excuse for his failure to make a disclosure in accordance with paragraph (b) of that subsection.

(5D) In the case of a person who was in employment at the relevant time, subsections (5A) and (5C) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.

(5E) No constable or other person shall be guilty of an offence under subsection (3) above in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of such terrorism.”.