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Proceeds of Crime Act 2002

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338 Authorised disclosuresU.K.

This section has no associated Explanatory Notes

(1)For the purposes of this Part a disclosure is authorised if—

(a)it is a disclosure to a constable, a customs officer or a nominated officer by the alleged offender that property is criminal property,

(b)F1... and

(c)the first [F2, second or third] condition set out below is satisfied.

(2)The first condition is that the disclosure is made before the alleged offender does the prohibited act.

[F3(2A)The second condition is that—

(a)the disclosure is made while the alleged offender is doing the prohibited act,

(b)he began to do the act at a time when, because he did not then know or suspect that the property constituted or represented a person's benefit from criminal conduct, the act was not a prohibited act, and

(c)the disclosure is made on his own initiative and as soon as is practicable after he first knows or suspects that the property constitutes or represents a person's benefit from criminal conduct.]

(3)The [F4 third ] condition is that—

(a)the disclosure is made after the alleged offender does the prohibited act,

(b)[F5he has a reasonable excuse] for his failure to make the disclosure before he did the act, and

(c)the disclosure is made on his own initiative and as soon as it is practicable for him to make it.

(4)An authorised disclosure is not to be taken to breach any restriction on the disclosure of information (however imposed).

[F6(4A)Where an authorised disclosure is made in good faith, no civil liability arises in respect of the disclosure on the part of the person by or on whose behalf it is made.]

(5)A disclosure to a nominated officer is a disclosure which—

(a)is made to a person nominated by the alleged offender’s employer to receive authorised disclosures, and

(b)is made in the course of the alleged offender’s employment F7....

(6)References to the prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1S. 338 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

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