C2 Part IV Miscellaneous and supplemental

Annotations:
Modifications etc. (not altering text)
C2

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.)

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.