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The Proceeds of Crime (Northern Ireland) Order 1996
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The Proceeds of Crime (Northern Ireland) Order 1996, Paragraph 5 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 2 Paragraph 5:
- Instrument restr. by 1998 c. 35 s.14(3)(b)
- Instrument restr. by 1998 c. 35 s.14(3)(c)
- defn. of drug trafficking offence applied by 1997 c. 43 s.3(5)
- defn. of drug trafficking offence applied by 1997 c. 43 s.3(5)
5.—(1) A person shall be guilty of an offence if without reasonable excuse he fails to comply with a requirement imposed on him under paragraph 2[F1,F2. . . or 3A].N.I.
(2) A person who—
(a)knows or has reasonable cause to suspect that an investigation is being carried out or is likely to be carried out under this Schedule; and
(b)falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, documents which he knows or has reasonable cause to suspect are or would be relevant to such an investigation,
shall be guilty of an offence unless he proves that he had no intention of concealing the facts disclosed by the document from any person carrying out such an investigation.
(3) A person guilty of an offence under sub-paragraph (1) shall be liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or to both.
(4) A person guilty of an offence under sub-paragraph (2) 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.
[F3(5) Notwithstanding anything in Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981, summary proceedings for an offence under sub-paragraph (1) or (2) may be brought at any time within the period of 3 months from the date on which evidence sufficient in the opinion of the complainant to justify prosecution for the offence came to his notice or within the period of 12 months from the commission of the offence, whichever period last expires.]
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