Terrorist Asset-Freezing etc. Act 2010

Terrorist Asset-Freezing etc. Act 2010

2010 CHAPTER 38

Commentary on Sections and Schedules

Part 1 – Terrorist Asset-Freezing

Chapter 4 – Supplementary Provisions

Offences

Section 32 – Penalties

78. Section 32 provides for penalties in relation to breaches of the prohibitions in Part 1 of the Act. Subsection (1) provides that a person guilty of any of the offences under section 11, 12, 13, 14, 15 or 18 is, on conviction on indictment, liable to a maximum of 7 years’ imprisonment or to a fine or to both or, on summary conviction, to imprisonment for a term not exceeding the “relevant maximum” (this term is defined in subsection (3)) or to a fine not exceeding the statutory maximum (which is currently set at £5,000) or to both.

79. Subsection (2) provides that a person guilty of an offence under section 10 (confidential information) or section 17 (licences) is liable, on conviction on indictment, to not more than 2 years’ imprisonment or to a fine or to both or, on summary conviction, to imprisonment not exceeding the “relevant maximum” or to a fine not exceeding the statutory maximum or to both.

80. Subsection (3) defines “the relevant maximum” for the purposes of subsections (1) and (2) as being 12 months in England and Wales (or 6 months if the offence was committed before the commencement of section 154(1) of the Criminal Justice Act 2003), 12 months in Scotland and 6 months in Northern Ireland.

81. Subsection (4) provides that a person guilty of an offence under section 19(5) (failure by relevant institutions to comply with reporting obligations) or 22 (failure to comply with request for information) is liable on summary conviction to imprisonment for a term not exceeding the “relevant maximum” or to a fine not exceeding level 5 on the standard scale (£5,000) or both. For the purposes of subsection (4), the “relevant maximum” is, in England and Wales, 51 weeks (or 6 months if the offence was committed before the commencement of section 281(4) and (5) of the Criminal Justice Act 2003) and, in Scotland or Northern Ireland, 6 months (subsection (5)).