C1Part 7Money Laundering

Annotations:
Modifications etc. (not altering text)

Disclosures

I1C1338C1 Authorised disclosures

1

For the purposes of this Part a disclosure is authorised if—

a

it is a disclosure to a constable, a customs officer or a nominated officer by the alleged offender that property is criminal property,

b

F5... and

c

the first F3, second or third condition set out below is satisfied.

2

The first condition is that the disclosure is made before the alleged offender does the prohibited act.

F42A

The second condition is that—

a

the disclosure is made while the alleged offender is doing the prohibited act,

b

he began to do the act at a time when, because he did not then know or suspect that the property constituted or represented a person's benefit from criminal conduct, the act was not a prohibited act, and

c

the disclosure is made on his own initiative and as soon as is practicable after he first knows or suspects that the property constitutes or represents a person's benefit from criminal conduct.

3

The F2 third condition is that—

a

the disclosure is made after the alleged offender does the prohibited act,

b

F6he has a reasonable excuse for his failure to make the disclosure before he did the act, and

c

the disclosure is made on his own initiative and as soon as it is practicable for him to make it.

4

An authorised disclosure is not to be taken to breach any restriction on the disclosure of information (however imposed).

F74A

Where an authorised disclosure is made in good faith, no civil liability arises in respect of the disclosure on the part of the person by or on whose behalf it is made.

5

A disclosure to a nominated officer is a disclosure which—

a

is made to a person nominated by the alleged offender’s employer to receive authorised disclosures, and

b

is made in the course of the alleged offender’s employment F1....

6

References to the prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).