Part IVTerrorist Investigations
Information and evidence
39Disclosure of information, &c
1
Subsection (2) applies where a person knows or has reasonable cause to suspect that a constable is conducting or proposes to conduct a terrorist investigation.
2
The person commits an offence if he—
a
discloses to another anything which is likely to prejudice the investigation, or
b
interferes with material which is likely to be relevant to the investigation.
3
Subsection (4) applies where a person knows or has reasonable cause to suspect that a disclosure has been or will be made under any of sections 19 to 21.
4
The person commits an offence if he—
a
discloses to another anything which is likely to prejudice an investigation resulting from the disclosure under that section, or
b
interferes with material which is likely to be relevant to an investigation resulting from the disclosure under that section.
5
It is a defence for a person charged with an offence under subsection (2) or (4) to prove—
a
that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation, or
b
that he had a reasonable excuse for the disclosure or interference.
6
Subsections (2) and (4) do not apply to a disclosure which is made by a professional legal adviser—
a
to his client or to his client’s representative in connection with the provision of legal advice by the adviser to the client and not with a view to furthering a criminal purpose, or
b
to any person for the purpose of actual or contemplated legal proceedings and not with a view to furthering a criminal purpose.
7
A person guilty of an offence under this section shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or
b
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
8
For the purposes of this section—
a
a reference to conducting a terrorist investigation includes a reference to taking part in the conduct of, or assisting, a terrorist investigation, and
b
a person interferes with material if he falsifies it, conceals it, destroys it or disposes of it, or if he causes or permits another to do any of those things.