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This is the original version (as it was originally enacted).
(1)A person commits an offence if—
(a)he knows or suspects that a disclosure falling within section 337 or 338 has been made, and
(b)he makes a disclosure which is likely to prejudice any investigation which might be conducted following the disclosure referred to in paragraph (a).
(2)But a person does not commit an offence under subsection (1) if—
(a)he did not know or suspect that the disclosure was likely to be prejudicial as mentioned in subsection (1);
(b)the disclosure is made in carrying out a function he has relating to the enforcement of any provision of this Act or of any other enactment relating to criminal conduct or benefit from criminal conduct;
(c)he is a professional legal adviser and the disclosure falls within subsection (3).
(3)A disclosure falls within this subsection if it is a disclosure—
(a)to (or to a representative of) a client of the professional legal adviser in connection with the giving by the adviser of legal advice to the client, or
(b)to any person in connection with legal proceedings or contemplated legal proceedings.
(4)But a disclosure does not fall within subsection (3) if it is made with the intention of furthering a criminal purpose.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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