Proceeds of Crime Act 2002

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(1)For the purposes of this Part a disclosure is authorised if—

(a)it is a disclosure to a constable, a customs officer or a nominated officer by the alleged offender that property is criminal property,

(b)it is made in the form and manner (if any) prescribed for the purposes of this subsection by order under section 339, and

(c)the first or second condition set out below is satisfied.

(2)The first condition is that the disclosure is made before the alleged offender does the prohibited act.

(3)The second condition is that—

(a)the disclosure is made after the alleged offender does the prohibited act,

(b)there is a good reason for his failure to make the disclosure before he did the act, and

(c)the disclosure is made on his own initiative and as soon as it is practicable for him to make it.

(4)An authorised disclosure is not to be taken to breach any restriction on the disclosure of information (however imposed).

(5)A disclosure to a nominated officer is a disclosure which—

(a)is made to a person nominated by the alleged offender’s employer to receive authorised disclosures, and

(b)is made in the course of the alleged offender’s employment and in accordance with the procedure established by the employer for the purpose.

(6)References to the prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).

Modifications etc. (not altering text)

Commencement Information

I1S. 338 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)