Part 8Investigations
C2Chapter 1Introduction
I1C1342 Offences of prejudicing investigation
1
This section applies if a person knows or suspects that an appropriate officer or (in Scotland) a proper person is acting (or proposing to act) in connection with a confiscation investigation, a civil recovery investigation F2, a detained cash investigationF6, a detained property investigation, a frozen funds investigationF4, a cryptoasset investigationF3, an exploitation proceeds investigation or a money laundering investigation which is being or is about to be conducted.
2
The person commits an offence if—
a
he makes a disclosure which is likely to prejudice the investigation, or
b
he falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, documents which are relevant to the investigation.
3
A person does not commit an offence under subsection (2)(a) if—
a
he does not know or suspect that the disclosure is likely to prejudice the investigation,
b
the disclosure is made in the exercise of a function under this Act or any other enactment relating to criminal conduct or benefit from criminal conduct or in compliance with a requirement imposed under or by virtue of this Act, or
F5ba
the disclosure is of a matter within section 333A(2) or (3)(a) (money laundering: tipping off) and the information on which the disclosure is based came to the person in the course of a business in the regulated sector,
F1bb
the disclosure is made in the exercise of a function under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) or in compliance with a requirement imposed under or by virtue of that Act,
c
he is a professional legal adviser and the disclosure falls within subsection (4).
4
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.
5
But a disclosure does not fall within subsection (4) if it is made with the intention of furthering a criminal purpose.
6
A person does not commit an offence under subsection (2)(b) if—
a
he does not know or suspect that the documents are relevant to the investigation, or
b
he does not intend to conceal any facts disclosed by the documents from any appropriate officer or (in Scotland) proper person carrying out the investigation.
7
A person guilty of an offence under subsection (2) is liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or
b
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.
8
For the purposes of this section—
a
“appropriate officer” must be construed in accordance with section 378;
b
“proper person” must be construed in accordance with section 412.
F7c
Schedule 9 has effect for determining what is a business in the regulated sector.
Pt. 8 Ch. 1: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)