Schedules

Schedule 6Offences

Part 2Offences relating to witnesses and evidence

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1

It is an offence for a person to do anything that is intended to have the effect of—

a

distorting or otherwise altering any evidence, document or other thing that is given, produced or provided for the purposes of an investigation under this Part of this Act, or

b

preventing any evidence, document or other thing from being given, produced or provided for the purposes of such an investigation,

or to do anything that the person knows or believes is likely to have that effect.

2

It is an offence for a person—

a

intentionally to suppress or conceal a document that is, and that the person knows or believes to be, a relevant document, or

b

intentionally to alter or destroy such a document.

3

For the purposes of sub-paragraph (2) a document is a “relevant document” if it is likely that a person conducting an investigation under this Part of this Act would (if aware of its existence) wish to be provided with it.

4

A person does not commit an offence under sub-paragraph (1) or (2) by doing anything that is authorised or required—

a

by a senior coroner or the Coroner for Treasure, or

b

by virtue of paragraph 2 of Schedule 5 or any privilege that applies.

5

Proceedings for an offence under sub-paragraph (1) or (2) may be instituted only by or with the consent of the Director of Public Prosecutions.

6

A person guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale, or to imprisonment for a term not exceeding 51 weeks, or to both.