PART IVMISCELLANEOUS AND SUPPLEMENTAL
Offence of prejudicing investigation53
1
Where, in relation to an investigation into drug trafficking—
a
an order under Article 50 has been made or has been applied for and has not been refused, or
b
a warrant under Article 51 has been issued,
a person shall be guilty of an offence if, knowing or suspecting that the investigation is taking place, he makes any disclosure which is likely to prejudice the investigation.
2
In proceedings against a person for an offence under this Article, it is a defence to prove—
a
that he did not know or suspect that the disclosure was likely to prejudice the investigation, or
b
that he had lawful authority or reasonable excuse for making the disclosure.
3
Nothing in paragraph (1) makes it an offence for a professional legal adviser to disclose any information or other matter—
a
to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client, or
b
to any person—
i
in contemplation of, or in connection with, legal proceedings; and
ii
for the purpose of those proceedings.
4
Paragraph (3) does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.
5
A person guilty of an offence under this Article shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both.