Counter-Terrorism and Border Security Act 2019

23 (1) A person commits an offence if the person— U.K.

(a) wilfully fails to comply with a duty imposed under or by virtue of this Part of this Schedule, or

(b) wilfully obstructs, or seeks to frustrate, a search or examination under or by virtue of this Part of this Schedule.

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

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 4 on the standard scale, or to both;

(b) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding level 4 on the standard scale, or to both.

(3) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in sub-paragraph (2)(a) to 51 weeks is to be read as a reference to 3 months.

(4) Proceedings for an offence under this paragraph are not to be started—

(a) in England and Wales, except with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, except with the consent of the Director of Public Prosecutions for Northern Ireland.

(5) But if it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence under this paragraph has been committed for a purpose wholly or partly connected with the affairs of a country other than the United Kingdom, consent may be given for the purposes of this paragraph only with the permission—

(a) in the case of the Director of Public Prosecutions, of the Attorney General, and

(b) in the case of the Director of Public Prosecutions for Northern Ireland, of the Advocate General for Northern Ireland.

Modifications etc. (not altering text)

C1 Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))

Commencement Information

I1 Sch. 3 para. 23 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I2 Sch. 3 para. 23 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)