xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Valid from 18/11/2023

SCHEDULES

Valid from 01/05/2024

SCHEDULE 4U.K.Supply of information: enforcement

PART 2U.K.Distortion or suppression of evidence etc

Distorting evidence etcU.K.

8(1)A person is guilty of an offence if the person does anything that is intended to have the effect of—

(a)distorting or otherwise altering any evidence, document or other thing that is produced or provided to the Commissioner for Investigations in accordance with a notice under section 14, or

(b)preventing any evidence, document or other thing from being produced or provided to the Commissioner for Investigations in accordance with a notice under section 14.

(2)A person is guilty of an offence if the person does anything that the person knows or believes is likely to have the effect described in sub-paragraph (1)(a) or (b).

Commencement Information

I1Sch. 4 para. 8 not in force at Royal Assent, see s. 63(4)

Suppression of evidence etcU.K.

9(1)A person is guilty of an offence if the person—

(a)intentionally suppresses or conceals, or

(b)intentionally alters or destroys,

a document that is, and that the person knows or believes to be, a relevant document.

(2)For that purpose a document is a “relevant document” if it is likely that the Commissioner for Investigations would (if aware of its existence) wish to be provided with it.

Commencement Information

I2Sch. 4 para. 9 not in force at Royal Assent, see s. 63(4)

Institution of proceedingsU.K.

10Proceedings for an offence under paragraph 8 or 9 may be instituted—

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

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

Commencement Information

I3Sch. 4 para. 10 not in force at Royal Assent, see s. 63(4)

PenaltiesU.K.

11(1)A person who is guilty of an offence under this Part of this Schedule is liable on summary conviction to a fine not exceeding level three on the standard scale or to imprisonment for a term not exceeding the relevant maximum, or to both.

(2)In this Part of this Schedule “relevant maximum” means—

(a)in Northern Ireland, six months;

(b)in England and Wales, 51 weeks;

(c)in Scotland, 12 months.

(3)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in sub-paragraph (2)(b) to 51 weeks is to be read as a reference to six months.

Commencement Information

I4Sch. 4 para. 11 not in force at Royal Assent, see s. 63(4)