Valid from 19/02/2001
Valid from 14/12/2001
(1)This section applies where a person has information which he knows or believes might be of material assistance—
(a)in preventing the commission by another person of an act of terrorism, or
(b)in securing the apprehension, prosecution or conviction of another person, in the United Kingdom, for an offence involving the commission, preparation or instigation of an act of terrorism.
(2)The person commits an offence if he does not disclose the information as soon as reasonably practicable in accordance with subsection (3).
(3)Disclosure is in accordance with this subsection if it is made—
(a)in England and Wales, to a constable,
(b)in Scotland, to a constable, or
(c)in Northern Ireland, to a constable or a member of Her Majesty’s forces.
(4)It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for not making the disclosure.
(5)A person guilty of an offence under this section shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum or to both.
(6)Proceedings for an offence under this section may be taken, and the offence may for the purposes of those proceedings be treated as having been committed, in any place where the person to be charged is or has at any time been since he first knew or believed that the information might be of material assistance as mentioned in subsection (1).]
Textual Amendments
F1S. 38B inserted (14.12.2001) by 2001 c. 24, s. 117(2)