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The Criminal Justice (Confiscation) (Northern Ireland) Order 1993

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Assisting another to retain the benefit of criminal conduct

4.  In Article 29 of the principal Order (assisting another to retain the benefit of drug trafficking)—

(a)for “of drug trafficking” wherever it occurs there shall be substituted “of criminal conduct”;

(b)in paragraph (1) for “who carries on or has carried on drug trafficking or has benefited from drug trafficking” there shall be substituted “who is or has been engaged in criminal conduct or has benefited from criminal conduct”;

(c)for paragraph (3) there shall be substituted—

(3) Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with criminal conduct or discloses to a constable any matter on which such a suspicion or belief is based—

(a)the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and

(b)if he does any act in contravention of paragraph (1) and the disclosure relates to the arrangement concerned, he does not commit an offence under this Article if—

(i)the disclosure is made before he does the act concerned and the act is done with the consent of the constable; or

(ii)the disclosure is made after he does the act, but is made on his initiative and as soon as it is reasonable for him to make it.;

(d)after paragraph (4) there shall be inserted—

(4A) In the case of a person who was in employment at the relevant time, paragraphs (3) and (4) 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..

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