C2 Part IV Miscellaneous and supplemental
Investigations into drug trafficking
C158 Offence of prejudicing investigation.
1
Where, in relation to an investigation into drug trafficking—
a
an order under section 55 of this Act has been made or has been applied for and has not been refused, or
b
a warrant under section 56 of this Act has been issued,
a person is 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 section, 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 subsection (1) above 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
Subsection (3) above 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 section shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; and
b
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.
Part IV (ss. 55-69) applied with modifications (1.1.1997) by S.I. 1996/2880, arts. 3-6, Schs. 1-3 (as amended by S.I. 1997/2980, arts. 2-5, Sch.)