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Proceeds of Crime Act 2002, Section 338 is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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
F1S. 338(1)(b) repealed (1.7.2005) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 105(4), 178(8), Sch. 17 Pt. 2; S.I. 2005/1521, art. 3(1)(c)(ee)
F2Words in s. 338(1)(c) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 106(4), 178(8); S.I. 2005/1521, art. 3(1)(c)
F3S. 338(2A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 106(5), 178(8); S.I. 2005/1521, art. 3(1)(c)
F4Word in s. 338(3) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 106(6), 178(8); S.I. 2005/1521, art. 3(1)(c)
F5Words in s. 338(3)(b) substituted (26.12.2007) by Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007 (S.I. 2007/3398), reg. 1(2), Sch. 2 para. 6
F6S. 338(4A) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 37, 88(1); S.I. 2015/820, reg. 3(k)
F7Words in s. 338(5)(b) repealed (1.7.2005) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 105(2), 178(8), Sch. 17 Pt. 2; S.I. 2005/1521, art. 3(1)(c)(ee)
Modifications etc. (not altering text)
C1Pt. 7 applied (24.2.2003) by Proceeds of Crime Act 2002 (Crown Servants) Regulations 2003 (S.I. 2003/173), regs. 1, 3
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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