S. 60 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)
S. 60 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
S. 61 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
S. 61 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)
S. 62 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)
S. 62 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
S. 63 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
S. 63 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)
S. 64 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
S. 64 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)
S. 65 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
S. 65 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)
S. 66 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
S. 66 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)
S. 67 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
S. 67 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)
S. 68 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)
S. 68 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
S. 69 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
S. 70 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)
S. 70 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
S. 60(1)(b) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 41(2)
S. 60(1)(d) and preceding word inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 2(2); S.I. 2006/2966, art. 3
Words in s. 60(1) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(1), 39(2); S.I. 2006/1013, art. 2(2)(b)
S. 60(3) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 41(3)
S. 60(4A) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 2(3); S.I. 2006/2966, art. 3
S. 60(5)(b) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 41(4)
S. 60(5)(d) and preceding word inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 2(4); S.I. 2006/2966, art. 3
Word in s. 60(6) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 41(5)
Words in s. 60(6) substituted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 2(5); S.I. 2006/2966, art. 3
S. 60(7) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(2), 39(2); S.I. 2006/1013, art. 2(2)(b)
S. 61(1)(ba) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 3(2); S.I. 2006/2966, art. 3
Words in s. 61(1)(e) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 3(3); S.I. 2006/2966, art. 3
Words in s. 61(1)(f) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 3(4); S.I. 2006/2966, art. 3
Words in s. 61(1)(g) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 3(5); S.I. 2006/2966, art. 3
S. 61(1)(h) substituted (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 8 (with ss. 16, 19(5)); S.I. 2011/1418, art. 2
S. 61(1)(i) inserted (27.4.2017 for specified purposes, 30.9.2017 in so far as not already in force ) by Criminal Finances Act 2017 (c. 22), ss. 51(1), 58(5)(6); S.I. 2017/739, reg. 3
S. 61(1)(j) inserted (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64(2), Sch. 3 para. 4 (with ss. 52(3), 53, 58); S.I. 2018/1213, reg. 2(f)
S. 61(1)(k) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 206(1), 219(1)(2)(b)
Words in s. 61(2)(b) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 3(6); S.I. 2006/2966, art. 3
Words in s. 61(4) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 3(7); S.I. 2006/2966, art. 3
S. 62(1A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(3), 39(2); S.I. 2006/1013, art. 2(2)(b)
S. 62(2)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 159; S.I. 2013/1682, art. 3(v)
Words in s. 62(2) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 4; S.I. 2006/2966, art. 3
Words in s. 64(5) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 5; S.I. 2006/2966, art. 3
Words in s. 65(2)(c) substituted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 7 para. 77; S.S.I. 2011/178, art. 2, Sch.
S. 65(2)(d) and preceding word inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 6; S.I. 2006/2966, art. 3
S. 66(11) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 7; S.I. 2006/2966, art. 3
Words in s. 67(5)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
S. 67(7) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 8; S.I. 2006/2966, art. 3
Words in s. 70(1) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(4)(a), 39(2); S.I. 2006/1013, art. 2(2)(b)
Words in s. 70(1) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(4)(b), 39(2); S.I. 2006/1013, art. 2(2)(b)
Pt. 2 Ch. 1 applied (6.7.2020 at 1.00 p.m.) by The Global Human Rights Sanctions Regulations 2020 (S.I. 2020/680), regs. 1(2), 37
Pt. 2 Ch. 1 applied (31.12.2020) by The Venezuela (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/135), regs. 1(2), 58; S.I. 2019/627, reg. 3(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/466), regs. 1(2), 46; S.I. 2019/627, reg. 9(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Burma (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/136), regs. 1(2), 58; S.I. 2019/627, reg. 4(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Nicaragua (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/610), regs. 1, 35; S.I. 2020/1514, reg. 8(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The South Sudan (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/438), regs. 1(2), 56; S.I. 2019/627, reg. 6(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Lebanon (Sanctions) (Assassination of Rafiq Hariri and others) (EU Exit) Regulations 2020 (S.I. 2020/617), regs. 1(2), 30; S.I. 2020/1514, reg. 11(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855), regs. 1(2), 87; 2020 c. 1, Sch. 5 para. 1(1) (as amended (30.6.2023) by S.I. 2023/713, regs. 1(2), 9)
Pt. 2 Ch. 1 applied (31.12.2020) by The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/577), regs. 1(2), 33; S.I. 2020/1416, reg. 2(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Iraq (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/707), regs. 1(2), 57; S.I. 2020/1514, reg. 14(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/573), regs. 1(2), 49; S.I. 2019/627, reg. 11(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Yemen (Sanctions) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1278), regs. 1(2), 56; S.I. 2020/1514, reg. 20(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/618), regs. 1(2), 36; S.I. 2019/627, reg. 14(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Sudan (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/753), regs. 1(2), 57; S.I. 2020/1514, reg. 15(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/600), regs. 1(2), 55; S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Somalia (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/642), regs. 1(2), 70; S.I. 2020/1514, reg. 12(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/411), regs. 1(2), 117; S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Zimbabwe (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/604), regs. 1(2), 56; S.I. 2019/627, reg. 13(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Mali (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/705), regs. 1(2), 37; S.I. 2020/1514, reg. 13(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/1474), regs. 1(2), 36; S.I. 2020/1514, reg. 24(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019 (S.I. 2019/461), regs. 1(2), 63; S.I. 2019/627, reg. 8(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/554), regs. 1(2), 36; S.I. 2019/627, reg. 10(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Central African Republic (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/616), regs. 1(2), 56; S.I. 2020/1514, reg. 10(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Afghanistan (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/948), regs. 1(2), 45; S.I. 2020/1514, reg. 16(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 (S.I. 2019/134), regs. 1(2), 58; S.I. 2019/627, reg. 2(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Guinea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1145), regs. 1(2), 35; S.I. 2020/1514, reg. 3(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Cyber (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/597), regs. 1(2), 35; S.I. 2020/1514, reg. 6(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Libya (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/1665), regs. 1(3), 73
Pt. 2 Ch. 1 applied (31.12.2020) by The Burundi (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1142), regs. 1(2), 35; S.I. 2020/1514, reg. 2(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433), regs. 1(2), 56; S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/608), regs. 1(2), 36; S.I. 2020/1514, reg. 7(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Syria (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/792), regs. 1(3), 86; 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Misappropriation (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/1468), regs. 1(2), 36; S.I. 2020/1514, reg. 23(2)
Pt. 2 Ch. 1 applied (26.4.2021 at noon) by The Global Anti-Corruption Sanctions Regulations 2021 (S.I. 2021/488), regs. 1(2), 36
Pt. 2 Ch. 1 applied (29.4.2021 at 5.00 p.m.) by The Myanmar (Sanctions) Regulations 2021 (S.I. 2021/496), regs. 1(3), 67
Pt. 2 Ch. 1 applied (14.12.2021) by The Burundi (Sanctions) Regulations 2021 (S.I. 2021/1404), regs. 1(2), 36
Pt. 2 Ch. 1 applied (28.12.2022) by The Haiti (Sanctions) Regulations 2022 (S.I. 2022/1281), regs. 1(2), 47
Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3
S. 69 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3
S. 70 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3
This Chapter confers powers on—
the Director of Public Prosecutions,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Lord Advocate,
the Director of Public Prosecutions for Northern Ireland,
in relation to the giving of disclosure notices in connection with the investigation of offences to which this Chapter applies
The Director of Public Prosecutions may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a Crown prosecutor.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Lord Advocate may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a procurator fiscal.
The Director of Public Prosecutions for Northern Ireland may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a Public Prosecutor.
In this Chapter “
the Director of Public Prosecutions,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Lord Advocate
the Director of Public Prosecutions for Northern Ireland.
But, in circumstances where the powers of any of those persons are exercisable by any other person by virtue of subsection (2),
In this Chapter “terrorist investigation” means an investigation of—
the commission, preparation or instigation of acts of terrorism,
any act or omission which appears to have been for the purposes of terrorism and which consists in or involves the commission, preparation or instigation of an offence, or
the commission, preparation or instigation of an offence under the Terrorism Act 2000 (c. 11) or under Part 1 of the Terrorism Act 2006 other than an offence under section 1 or 2 of that Act.
This Chapter applies to the following offences—
any offence listed in Schedule 2 to the Proceeds of Crime Act 2002 (c. 29) (lifestyle offences: England and Wales);
any offence listed in Schedule 4 to that Act (lifestyle offences: Scotland);
any offence listed in Schedule 5 to that Act (lifestyle offences: Northern Ireland);
any offence under sections 15 to 18 of the Terrorism Act 2000 (c. 11) (offences relating to fund-raising, money laundering etc.);
any offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty) or section 72 of the Value Added Tax Act 1994 (c. 23) (offences relating to VAT) which is a qualifying offence;
any offence under section 17 of the Theft Act 1968 (c. 60)
any offence under section 1 of the Criminal Attempts Act 1981 (c. 47)
any offence under section 1 of the Criminal Law Act 1977 (c. 45)
any offence under the Bribery Act 2010.
any offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).
any offence under regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 (sanctions regulations) which is specified by those regulations by virtue of section 17(8) of that Act.
an offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences).
For the purposes of subsection (1) an offence in paragraph (d) or (e) of that subsection is a qualifying offence if the Investigating Authority certifies that in his opinion—
in the case of an offence in paragraph (d) or an offence of cheating the public revenue, the offence involved or would have involved a loss, or potential loss, to the public revenue of an amount not less than £5,000;
in the case of an offence under section 17 of the Theft Act 1968 (c. 60)
A document purporting to be a certificate under subsection (2) is to be received in evidence and treated as such a certificate unless the contrary is proved.
The Secretary of State may by order—
amend subsection (1), in its application to England and Wales
amend subsection (2), in its application to England and Wales
take account of any amendment made by virtue of paragraph (a) above, or
vary the sums for the time being specified in subsection (2)(a) and (b).
The Scottish Ministers may by order—
amend subsection (1), in its application to Scotland, so as to remove an offence from it or add an offence to it;
amend subsection (2), in its application to Scotland, so as to—
take account of any amendment made by virtue of paragraph (a) above, or
vary the sums for the time being specified in subsection (2)(a) and (b).
If it appears to the Investigating Authority—
that there are reasonable grounds for suspecting that an offence to which this Chapter applies has been committed,
that any person has information (whether or not contained in a document) which relates to a matter relevant to the investigation of that offence, and
that there are reasonable grounds for believing that information which may be provided by that person in compliance with a disclosure notice is likely to be of substantial value (whether or not by itself) to that investigation,
he may give, or authorise an appropriate person to give, a disclosure notice to that person.
If it appears to the Investigating Authority—
that any person has information (whether or not contained in a document) which relates to a matter relevant to a terrorist investigation, and
that there are reasonable grounds for believing that information which may be provided by that person in compliance with a disclosure notice is likely to be of substantial value (whether or not by itself) to that investigation,
he may give, or authorise an appropriate person to give, a disclosure notice to that person.
In this Chapter “
a constable,
a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013, or
an officer of Revenue and Customs.
In this Chapter “
answer questions with respect to any matter relevant to the investigation;
provide information with respect to any such matter as is specified in the notice;
produce such documents, or documents of such descriptions, relevant to the investigation as are specified in the notice.
In subsection (3) “
the time at or by which,
the place at which, or
the manner in which,
the person to whom the notice is given is to do any of the things mentioned in paragraphs (a) to (c) of that subsection; and those requirements may include a requirement to do any of those things at once.
A disclosure notice must be signed or counter-signed by the Investigating Authority.
This section has effect subject to section 64 (restrictions on requiring information etc.).
This section applies where a disclosure notice has been given under section 62.
An authorised person may—
take copies of or extracts from any documents produced in compliance with the notice, and
require the person producing them to provide an explanation of any of them.
Documents so produced may be retained for so long as the Investigating Authority considers that it is necessary to retain them (rather than copies of them) in connection with the investigation for the purposes of which the disclosure notice was given.
If the Investigating Authority has reasonable grounds for believing—
that any such documents may have to be produced for the purposes of any legal proceedings, and
that they might otherwise be unavailable for those purposes,
they may be retained until the proceedings are concluded.
If a person who is required by a disclosure notice to produce any documents does not produce the documents in compliance with the notice, an authorised person may require that person to state, to the best of his knowledge and belief, where they are.
In this section “
is the person by whom the notice was given, or
is authorised by the Investigating Authority for the purposes of this section.
This section has effect subject to section 64 (restrictions on requiring information etc.).
A person may not be required under section 62 or 63—
to answer any privileged question,
to provide any privileged information, or
to produce any privileged document,
except that a lawyer may be required to provide the name and address of a client of his.
A “
“
A “
A person may not be required under section 62 to produce any excluded material (as defined by section 11 of the Police and Criminal Evidence Act 1984 (c. 60)
In the application of this section to Scotland—
subsections (1) to (5) do not have effect, but
a person may not be required under section 62 or 63 to answer any question, provide any information or produce any document which he would be entitled, on grounds of legal privilege, to refuse to answer or (as the case may be) provide or produce.
In subsection (6)(b), “
A person may not be required under section 62 or 63 to disclose any information or produce any document in respect of which he owes an obligation of confidence by virtue of carrying on any banking business, unless—
the person to whom the obligation of confidence is owed consents to the disclosure or production, or
the requirement is made by, or in accordance with a specific authorisation given by, the Investigating Authority.
Subject to the preceding provisions, any requirement under section 62 or 63 has effect despite any restriction on disclosure (however imposed).
A statement made by a person in response to a requirement imposed under section 62 or 63 (“
This subsection applies where the person is being prosecuted—
for an offence under section 67 of this Act, or
for an offence under section 5 of the Perjury Act 1911 (c. 6) (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath), or
for an offence under
for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
This subsection applies where the person is being prosecuted for some other offence and—
the person, when giving evidence in the proceedings, makes a statement inconsistent with the relevant statement, and
in the proceedings evidence relating to the relevant statement is adduced, or a question about it is asked, by or on behalf of the person.
A justice of the peace may issue a warrant under this section if, on an information on oath laid by the Investigating Authority, he is satisfied—
that any of the conditions mentioned in subsection (2) is met in relation to any documents of a description specified in the information, and
that the documents are on premises so specified.
The conditions are—
that a person has been required by a disclosure notice to produce the documents but has not done so;
that it is not practicable to give a disclosure notice requiring their production;
that giving such a notice might seriously prejudice the investigation of an offence to which this Chapter applies.
A warrant under this section is a warrant authorising an appropriate person named in it—
to enter and search the premises, using such force as is reasonably necessary;
to take possession of any documents appearing to be documents of a description specified in the information, or to take any other steps which appear to be necessary for preserving, or preventing interference with, any such documents;
in the case of any such documents consisting of information recorded otherwise than in legible form, to take possession of any computer disk or other electronic storage device which appears to contain the information in question, or to take any other steps which appear to be necessary for preserving, or preventing interference with, that information;
to take copies of or extracts from any documents or information falling within paragraph (b) or (c);
to require any person on the premises to provide an explanation of any such documents or information or to state where any such documents or information may be found;
to require any such person to give the appropriate person such assistance as he may reasonably require for the taking of copies or extracts as mentioned in paragraph (d).
A person executing a warrant under this section may take other persons with him, if it appears to him to be necessary to do so.
A warrant under this section must, if so required, be produced for inspection by the owner or occupier of the premises or anyone acting on his behalf.
If the premises are unoccupied or the occupier is temporarily absent, a person entering the premises under the authority of a warrant under this section must leave the premises as effectively secured against trespassers as he found them.
Where possession of any document or device is taken under this section—
the document may be retained for so long as the Investigating Authority considers that it is necessary to retain it (rather than a copy of it) in connection with the investigation for the purposes of which the warrant was sought, or
the device may be retained for so long as he considers that it is necessary to retain it in connection with that investigation,
as the case may be.
If the Investigating Authority has reasonable grounds for believing—
that any such document or device may have to be produced for the purposes of any legal proceedings, and
that it might otherwise be unavailable for those purposes,
it may be retained until the proceedings are concluded.
Nothing in this section authorises a person to take possession of, or make copies of or take extracts from, any document or information which, by virtue of section 64, could not be required to be produced or disclosed under section 62 or 63.
In the application of this section to Scotland—
subsections (4) to (6) do not have effect.
In the application of this section to Northern Ireland—
subsection (1) has effect as if, for the words from the beginning to “laid”, there were substituted “A lay magistrate may issue a warrant under this section if, on complaint on oath made”; and
subsections (1)(a) and (3)(b) have effect as if, for “in the information”, there were substituted “in the complaint”.
A person commits an offence if, without reasonable excuse, he fails to comply with any requirement imposed on him under section 62 or 63.
A person commits an offence if, in purported compliance with any requirement imposed on him under section 62 or 63—
he makes a statement which is false or misleading, and
he either knows that it is false or misleading or is reckless as to whether it is false or misleading.
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A person commits an offence if he wilfully obstructs any person in the exercise of any rights conferred by a warrant under section 66.
A person guilty of an offence under subsection (1) or (3) is liable on summary conviction—
to imprisonment for a term not exceeding 51 weeks, or
to a fine not exceeding level 5 on the standard scale,
or to both.
A person guilty of an offence under subsection (2) is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
on summary conviction, to imprisonment for a term not exceeding
In the application of this section to Scotland, the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 12 months.
In the application of this section to Northern Ireland—
the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 6 months; and
the reference to 12 months in subsection (5)(b) is to be read as a reference to 6 months.
The power of seizure conferred by section 66 of the Serious Organised Crime and Police Act 2005 (seizure of documents for purposes of investigation by DPP or other Investigating Authority).
This section provides for the manner in which a disclosure notice may be given under section 62.
The notice may be given to a person by—
delivering it to him,
leaving it at his proper address,
sending it by post to him at that address.
The notice may be given—
in the case of a body corporate, to the secretary or clerk of that body;
in the case of a partnership, to a partner or a person having the control or management of the partnership business;
in the case of an unincorporated association (other than a partnership), to an officer of the association.
For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is his usual or last-known address (whether residential or otherwise), except that—
in the case of a body corporate or its secretary or clerk, it is the address of the registered office of that body or its principal office in the United Kingdom,
in the case of a partnership, a partner or a person having the control or management of the partnership business, it is that of the principal office of the partnership in the United Kingdom, and
in the case of an unincorporated association (other than a partnership) or an officer of the association, it is that of the principal office of the association in the United Kingdom.
This section does not apply to Scotland.
In this Chapter—
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“terrorist investigation” has the meaning given by section 60(7).
In relation to information recorded otherwise than in legible form, any reference in this Chapter to the production of documents is a reference to the production of a copy of the information in legible form.