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Prevention of Terrorism (Temporary Provisions) Act 1989

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This is the original version (as it was originally enacted).

17Investigation of terrorist activities

(1)Schedule 7 to this Act shall have effect for conferring powers to obtain information for the purposes of terrorist investigations, that is to say—

(a)investigations into—

(i)the commission, preparation or instigation of acts of terrorism to which section 14 above applies; or

(ii)any other act which appears to have been done in furtherance of or in connection with such acts of terrorism, including any act which appears to constitute an offence under section 2, 9, 10 or 11 above or section 21 of the [1978 c. 5.] Northern Ireland (Emergency Provisions) Act 1978; or

(iii)without prejudice to sub-paragraph (ii) above, the resources of a proscribed organisation within the meaning of this Act or a proscribed organisation for the purposes of section 21 of the said Act of 1978; and

(b)investigations into whether there are grounds justifying the making of an order under section 1(2)(a) above or section 21(4) of that Act.

(2)Where in relation to a terrorist investigation a warrant or order under Schedule 7 to this Act has been issued or made or has been applied for and not refused, a person is guilty of an offence if, knowing or having reasonable cause to suspect that the investigation is taking place, he—

(a)makes any disclosure which is likely to prejudice the investigation; or

(b)falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to the investigation.

(3)In proceedings against a person for an offence under subsection (2)(a) above it is a defence to prove—

(a)that he did not know and had no reasonable cause to suspect that the disclosure was likely to prejudice the investigation; or

(b)that he had lawful authority or reasonable excuse for making the disclosure.

(4)In proceedings against a person for an offence under subsection (2)(b) above it is a defence to prove that he had no intention of concealing any information contained in the material in question from the persons carrying out the investigation.

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

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

(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

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