Part 2 U.K.Investigations, prosecutions, proceedings and proceeds of crime

Chapter 1U.K.Investigatory powers of DPP, etc.

Modifications etc. (not altering text)

C1Pt. 2 Ch. 1 applied (6.7.2020 at 1.00 p.m.) by The Global Human Rights Sanctions Regulations 2020 (S.I. 2020/680), regs. 1(2), 37

EnforcementE+W+S

67Offences in connection with disclosure notices or search warrantsE+W+S

(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.

[F1(7)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.]

Textual Amendments

Modifications etc. (not altering text)

C34Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I1S. 67 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I2S. 67 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)