Part 2Investigations, prosecutions, proceedings and proceeds of crime

Chapter 1Investigatory powers of DPP, etc.

Enforcement

I1I2C167Offences in connection with disclosure notices or search warrants

1

A person commits an offence if, without reasonable excuse, he fails to comply with any requirement imposed on him under section 62 or 63.

2

A person commits an offence if, in purported compliance with any requirement imposed on him under section 62 or 63—

a

he makes a statement which is false or misleading, and

b

he either knows that it is false or misleading or is reckless as to whether it is false or misleading.

False or misleading” means false or misleading in a material particular.

3

A person commits an offence if he wilfully obstructs any person in the exercise of any rights conferred by a warrant under section 66.

4

A person guilty of an offence under subsection (1) or (3) is liable on summary conviction—

a

to imprisonment for a term not exceeding 51 weeks, or

b

to a fine not exceeding level 5 on the standard scale,

or to both.

5

A person guilty of an offence under subsection (2) is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

b

on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.

6

In the application of this section to Scotland, the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 12 months.

F17

In the application of this section to Northern Ireland—

a

the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 6 months; and

b

the reference to 12 months in subsection (5)(b) is to be read as a reference to 6 months.