Criminal Justice Act 1993

Amendments of the 1989 Act

49 Financial assistance for terrorism

(1) In section 9 of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 (contributions towards acts of terrorism), the following shall be inserted at the end of subsection (1)(b)— “or

(c) uses or has possession of, whether for consideration or not, any money or other property,”.

(2) In section 10 of that Act (contributions to the resources of proscribed organisations), in subsection (1)(b), after the words “or accepts” there shall be inserted “or uses or has possession of”.

(3) In section 12 of that Act (disclosure of information about terrorist funds) for the word “contract”, in subsection (1), there shall be substituted “statute or otherwise”.

(4) In section 12 of that Act, the following subsection shall be inserted after subsection (2)—

“(2A) For the purposes of subsection (2) above a person who uses or has possession of money or other property shall be taken to be concerned in a transaction or arrangement.”.

(5) In section 12(3) of that Act, after “section 9(1)(b)” there shall be inserted “or (c)”.

(6) The following subsections shall be added at the end of section 12 of that Act—

“(4) In the case of a person who was in employment at the relevant time, subsections (1) to (3) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.

(5) No constable or other person shall be guilty of an offence under section 9(1)(b) or (c) or (2) or 10(1)(b) or (c) above in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of terrorism.

(6) For the purposes of subsection (5) above, having possession of any property shall be taken to be doing an act in relation to it.”.

50 Investigation of terrorist activities

(1) Section 17 (investigation of terrorist activities) of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.

(2) In subsection (1)(a)(ii)—

(a) for “or 11 above” there shall be substituted “11, 18 or 18A of this Act”; and

(b) for “or 28” there shall be substituted “28, 53, 54 or 54A”.

(3) For subsection (2) there shall be substituted—

“(2) A person is guilty of an offence if, knowing or having reasonable cause to suspect that a constable is acting, or is proposing to act, in connection with a terrorist investigation which is being, or is about to be, conducted, he—

(a) discloses to any other person information or any other matter which is likely to prejudice the investigation or proposed 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, or proposed investigation.

(2A) A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure (“the disclosure”) has been made to a constable under section 12, 18 or 18A of this Act or section 53, 54 or 54A of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991, he—

(a) discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; 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 any such investigation.

(2B) A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure (“the disclosure”) of a kind mentioned in section 12(4) or 18A(5) of this Act or section 53(4A), 54(5D) or 54A(5) of the Act of 1991 has been made, he—

(a) discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; 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 any such investigation.

(2C) Nothing in subsections (2) to (2B) above makes it an offence for a professional legal adviser to disclose any information or other matter—

(a) to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or

(b) to any person—

(i) in contemplation of, or in connection with, legal proceedings; and

(ii) for the purpose of those proceedings.

(2D) Subsection (2C) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

(2E) No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of terrorism.”.

(4) In subsection (3) (defence in respect of disclosure), after “investigation” there shall be inserted “or proposed investigation”.

(5) The following shall be inserted after subsection (3)—

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

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

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

(6) In subsection (4) (defence in respect of falsifying material etc.), for the words from “the persons” to the end there shall be substituted “any person conducting, or likely to be conducting, the investigation or proposed investigation”.

(7) The following shall be inserted after subsection (4)—

“(4A) In proceedings against a person for an offence under subsection (2A)(b) or (2B)(b) above, it is a defence to prove that he had no intention of concealing any information contained in the material in question from any person who might carry out the investigation in question.”.

(8) In subsection (5) (penalties) after “(2)” there shall be inserted “(2A) or (2B)”.

(9) The following subsection shall be added at the end—

“(6) For the purposes of subsection (1) above, as it applies in relation to any offence under section 18 or 18A below or section 54A of the Act of 1991, “act” includes omission.”.

51 Failure to disclose knowledge or suspicion of financial assistance for terrorism

The following section shall be inserted in the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989, after section 18—

“18A Failure to disclose knowledge or suspicion of offences under sections 9 to 11

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

(a) he knows, or suspects, that another person is providing financial assistance for terrorism;

(b) the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment; and

(c) he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.

(2) Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.

(3) It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.

(4) Where a person discloses to a constable—

(a) his suspicion or belief that another person is providing financial assistance for terrorism; or

(b) any information or other matter on which that suspicion or belief is based;

the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.

(5) Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.

(6) A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.

(7) In this section “providing financial assistance for terrorism” means doing any act which constitutes an offence under section 9, 10 or 11 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.

(8) For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.

(9) For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—

(a) by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;

(b) by, or by a representative of, a person seeking legal advice from the adviser; or

(c) by any person—

(i) in contemplation of, or in connection with, legal proceedings; and

(ii) for the purpose of those proceedings.

(10) No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.

(11) A person guilty of an offence under this section shall be liable—

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

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