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Version Superseded: 24/02/2003
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Criminal Law (Consolidation) (Scotland) Act 1995, Section 36 is up to date with all changes known to be in force on or before 18 August 2024. 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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(1)A person who, knowing or suspecting that an investigation into drug trafficking is taking place, does anything which is likely to prejudice the investigation is guilty of an offence.
(2)In proceedings against a person for an offence under subsection (1) above, it is a defence to prove—
(a)that he did not know or suspect, or have reasonable grounds to suspect, that by acting as he did he was likely to prejudice the investigation; or
(b)that he had lawful authority or reasonable excuse for acting as he did.
(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 subsection (1) above shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both; and
(b)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
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