|
| |
|
(a) | take copies of or extracts from any documents produced in compliance |
| |
| |
(b) | require the person producing them to provide an explanation of any of |
| |
| |
(3) | Documents so produced may be retained for so long as the Investigating |
| 5 |
Authority considers that it is necessary to retain them (rather than copies of |
| |
them) in connection with the investigation for the purposes of which the |
| |
disclosure notice was given. |
| |
(4) | If the Investigating Authority has reasonable grounds for believing— |
| |
(a) | that any such documents may have to be produced for the purposes of |
| 10 |
any legal proceedings, and |
| |
(b) | that they might otherwise be unavailable for those purposes, |
| |
| they may be retained until the proceedings are concluded. |
| |
(5) | If a person who is required by a disclosure notice to produce any documents |
| |
does not produce the documents in compliance with the notice, an authorised |
| 15 |
person may require that person to state, to the best of his knowledge and belief, |
| |
| |
(6) | In this section “authorised person” means any appropriate person who |
| |
| |
(a) | is the person by whom the notice was given, or |
| 20 |
(b) | is authorised by the Investigating Authority for the purposes of this |
| |
| |
(7) | This section has effect subject to section 61 (restrictions on requiring |
| |
| |
61 | Restrictions on requiring information etc. |
| 25 |
(1) | A person may not be required under section 59 or 60— |
| |
(a) | to answer any privileged question, |
| |
(b) | to provide any privileged information, or |
| |
(c) | to produce any privileged document, |
| |
| except that a lawyer may be required to provide the name and address of a |
| 30 |
| |
(2) | A “privileged question” is a question which the person would be entitled to |
| |
refuse to answer on grounds of legal professional privilege in proceedings in |
| |
| |
(3) | “Privileged information” is information which the person would be entitled to |
| 35 |
refuse to provide on grounds of legal professional privilege in such |
| |
| |
(4) | A “privileged document” is a document which the person would be entitled to |
| |
refuse to produce on grounds of legal professional privilege in such |
| |
| 40 |
(5) | A person may not be required under section 59 to produce any excluded |
| |
material (as defined by section 11 of the Police and Criminal Evidence Act 1984 |
| |
| |
(6) | In the application of this section to Scotland— |
| |
|
| |
|
| |
|
(a) | subsections (1) to (5) do not have effect, but |
| |
(b) | a person may not be required under section 59 or 60 to answer any |
| |
question, provide any information or produce any document which he |
| |
would be entitled, on grounds of legal privilege, to refuse to answer or |
| |
(as the case may be) provide or produce. |
| 5 |
(7) | A person may not be required under section 59 or 60 to disclose any |
| |
information or produce any document in respect of which he owes an |
| |
obligation of confidence by virtue of carrying on any banking business, |
| |
| |
(a) | the person to whom the obligation of confidence is owed consents to |
| 10 |
the disclosure or production, or |
| |
(b) | the Investigating Authority specifically authorises the making of the |
| |
| |
(8) | Subject to the preceding provisions, any requirement under section 59 or 60 has |
| |
effect despite any restriction on disclosure (however imposed). |
| 15 |
62 | Restrictions on use of statements |
| |
(1) | A statement made by a person in response to a requirement imposed under |
| |
section 59 or 60 (“the relevant statement”) may not be used in evidence against |
| |
him in any criminal proceedings unless subsection (2) or (3) applies. |
| |
(2) | This subsection applies where the person is being prosecuted— |
| 20 |
(a) | for an offence under section 64 of this Act, or |
| |
(b) | for an offence under section 5 of the Perjury Act 1911 (c. 6) (false |
| |
statements made on oath otherwise than in judicial proceedings or |
| |
made otherwise than on oath), or |
| |
(c) | for an offence under section 2 of the False Oaths (Scotland) Act 1933 |
| 25 |
(c. 20) (false statutory declarations and other false statements without |
| |
oath) or at common law for an offence of attempting to pervert the |
| |
course, or defeat the ends, of justice. |
| |
(3) | This subsection applies where the person is being prosecuted for some other |
| |
| 30 |
(a) | the person, when giving evidence in the proceedings, makes a |
| |
statement inconsistent with the relevant statement, and |
| |
(b) | in the proceedings evidence relating to the relevant statement is |
| |
adduced, or a question about it is asked, by or on behalf of the person. |
| |
| 35 |
63 | Power to enter and seize documents |
| |
(1) | A justice of the peace may issue a warrant under this section if, on an |
| |
information on oath laid by the Investigating Authority, he is satisfied— |
| |
(a) | that any of the conditions mentioned in subsection (2) is met in relation |
| |
to any documents of a description specified in the information, and |
| 40 |
(b) | that the documents are on premises so specified. |
| |
| |
(a) | that a person has been required by a disclosure notice to produce the |
| |
documents but has not done so; |
| |
|
| |
|
| |
|
(b) | that it is not practicable to give a disclosure notice requiring their |
| |
| |
(c) | that giving such a notice might seriously prejudice the investigation of |
| |
an offence to which this Chapter applies. |
| |
(3) | A warrant under this section is a warrant authorising an appropriate person |
| 5 |
| |
(a) | to enter and search the premises, using such force as is reasonably |
| |
| |
(b) | to take possession of any documents appearing to be documents of a |
| |
description specified in the information, or to take any other steps |
| 10 |
which appear to be necessary for preserving, or preventing interference |
| |
with, any such documents; |
| |
(c) | in the case of any such documents consisting of information recorded |
| |
otherwise than in legible form, to take possession of any computer disk |
| |
or other electronic storage device which appears to contain the |
| 15 |
information in question, or to take any other steps which appear to be |
| |
necessary for preserving, or preventing interference with, that |
| |
| |
(d) | to take copies of or extracts from any documents or information falling |
| |
within paragraph (b) or (c); |
| 20 |
(e) | to require any person on the premises to provide an explanation of any |
| |
such documents or information or to state where any such documents |
| |
or information may be found; |
| |
(f) | to require any such person to give the appropriate person such |
| |
assistance as he may reasonably require for the taking of copies or |
| 25 |
extracts as mentioned in paragraph (d). |
| |
(4) | A person executing a warrant under this section may take other persons with |
| |
him, if it appears to him to be necessary to do so. |
| |
(5) | A warrant under this section must, if so required, be produced for inspection |
| |
by the owner or occupier of the premises or anyone acting on his behalf. |
| 30 |
(6) | If the premises are unoccupied or the occupier is temporarily absent, a person |
| |
entering the premises under the authority of a warrant under this section must |
| |
leave the premises as effectively secured against trespassers as he found them. |
| |
(7) | Where possession of any document or device is taken under this section— |
| |
(a) | the document may be retained for so long as the Investigating |
| 35 |
Authority considers that it is necessary to retain it (rather than a copy |
| |
of it) in connection with the investigation for the purposes of which the |
| |
| |
(b) | the device may be retained for so long as he considers that it is |
| |
necessary to retain it in connection with that investigation, |
| 40 |
| |
(8) | If the Investigating Authority has reasonable grounds for believing— |
| |
(a) | that any such document or device may have to be produced for the |
| |
purposes of any legal proceedings, and |
| |
(b) | that it might otherwise be unavailable for those purposes, |
| 45 |
| it may be retained until the proceedings are concluded. |
| |
(9) | Nothing in this section authorises a person to take possession of, or make |
| |
copies of or take extracts from, any document or information which, by virtue |
| |
|
| |
|
| |
|
of section 61, could not be required to be produced or disclosed under section |
| |
| |
(10) | In the application of this section to Scotland— |
| |
(a) | subsection (1) has effect as if, for the words from the beginning to |
| |
“satisfied—”, there were substituted “A sheriff may issue a warrant |
| 5 |
under this section, on the application of a procurator fiscal, if he is |
| |
| |
(b) | subsections (1)(a) and (3)(b) have effect as if, for “in the information”, |
| |
there were substituted “in the application”; and |
| |
(c) | subsections (4) to (6) do not have effect. |
| 10 |
64 | Offences in connection with disclosure notices or search warrants |
| |
(1) | A person commits an offence if, without reasonable excuse, he fails to comply |
| |
with any requirement imposed on him under section 59 or 60. |
| |
(2) | A person commits an offence if, in purported compliance with any |
| |
requirement imposed on him under section 59 or 60— |
| 15 |
(a) | he makes a statement which is false or misleading, and |
| |
(b) | he either knows that it is false or misleading or is reckless as to whether |
| |
it is false or misleading. |
| |
| “False or misleading” means false or misleading in a material particular. |
| |
(3) | A person commits an offence if he wilfully obstructs any person in the exercise |
| 20 |
of any rights conferred by a warrant under section 63. |
| |
(4) | A person guilty of an offence under subsection (1) or (3) is liable on summary |
| |
| |
(a) | to imprisonment for a term not exceeding 51 weeks, or |
| |
(b) | to a fine not exceeding level 5 on the standard scale, |
| 25 |
| |
(5) | A person guilty of an offence under subsection (2) is liable— |
| |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
two years or to a fine, or to both; |
| |
(b) | on summary conviction, to imprisonment for a term not exceeding 12 |
| 30 |
months or to a fine not exceeding the statutory maximum, or to both. |
| |
(6) | In the application of this section to Scotland, the reference to 51 weeks in |
| |
subsection (4)(a) is to be read as a reference to 12 months. |
| |
| |
65 | Procedure applicable to search warrants |
| 35 |
In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16) |
| |
(powers of seizure to which section 50 applies)— |
| |
(a) | the paragraph 74 inserted by paragraph 128(a) of Schedule 6 to the |
| |
Licensing Act 2003 (c. 17) is to be paragraph 73E, and |
| |
|
| |
|
| |
|
(b) | after that paragraph insert— |
| |
“Serious Organised Crime and Police Act 2005 |
| |
73F | The power of seizure conferred by section 63 of the Serious |
| |
Organised Crime and Police Act 2005 (seizure of documents |
| |
for purposes of investigation by DPP or other Investigating |
| 5 |
| |
66 | Manner in which disclosure notice may be given |
| |
(1) | This section provides for the manner in which a disclosure notice may be given |
| |
| |
(2) | The notice may be given to a person by— |
| 10 |
(a) | delivering it to him, |
| |
(b) | leaving it at his proper address, |
| |
(c) | sending it by post to him at that address. |
| |
(3) | The notice may be given— |
| |
(a) | in the case of a body corporate, to the secretary or clerk of that body; |
| 15 |
(b) | in the case of a partnership, to a partner or a person having the control |
| |
or management of the partnership business; |
| |
(c) | in the case of an unincorporated association (other than a partnership), |
| |
to an officer of the association. |
| |
(4) | For the purposes of this section and section 7 of the Interpretation Act 1978 |
| 20 |
(c. 30) (service of documents by post) in its application to this section, the |
| |
proper address of a person is his usual or last-known address (whether |
| |
residential or otherwise), except that— |
| |
(a) | in the case of a body corporate or its secretary or clerk, it is the address |
| |
of the registered office of that body or its principal office in the United |
| 25 |
| |
(b) | in the case of a partnership, a partner or a person having the control or |
| |
management of the partnership business, it is that of the principal office |
| |
of the partnership in the United Kingdom, and |
| |
(c) | in the case of an unincorporated association (other than a partnership) |
| 30 |
or an officer of the association, it is that of the principal office of the |
| |
association in the United Kingdom. |
| |
(5) | This section does not apply to Scotland. |
| |
67 | Interpretation of Chapter 1 |
| |
| 35 |
“appropriate person” has the meaning given by section 59(3); |
| |
“the Investigating Authority” is to be construed in accordance with |
| |
| |
“disclosure notice” has the meaning given by section 59(4); |
| |
“document” includes information recorded otherwise than in legible |
| 40 |
| |
|
| |
|
| |
|
(2) | In relation to information recorded otherwise than in legible form, any |
| |
reference in this Chapter to the production of documents is a reference to the |
| |
production of a copy of the information in legible form. |
| |
| |
Offenders assisting investigations and prosecutions |
| 5 |
68 | Assistance by offender: immunity from prosecution |
| |
(1) | If a specified prosecutor thinks that for the purposes of the investigation or |
| |
prosecution of any offence it is appropriate to offer any person immunity from |
| |
prosecution he may give the person a written notice under this subsection (an |
| |
| 10 |
(2) | If a person is given an immunity notice, no proceedings for an offence of a |
| |
description specified in the notice may be brought against that person in |
| |
England and Wales or Northern Ireland except in circumstances specified in |
| |
| |
(3) | An immunity notice ceases to have effect in relation to the person to whom it |
| 15 |
is given if the person fails to comply with any conditions specified in the notice. |
| |
(4) | Each of the following is a specified prosecutor— |
| |
(a) | the Director of Public Prosecutions; |
| |
(b) | the Director of Revenue and Customs Prosecutions; |
| |
(c) | the Director of the Serious Fraud Office; |
| 20 |
(d) | the Director of Public Prosecutions for Northern Ireland; |
| |
(e) | a prosecutor designated for the purposes of this section by a prosecutor |
| |
mentioned in paragraphs (a) to (d). |
| |
(5) | The Director of Public Prosecutions or a person designated by him under |
| |
subsection (4)(e) may not give an immunity notice in relation to proceedings in |
| 25 |
| |
(6) | The Director of Public Prosecutions for Northern Ireland or a person |
| |
designated by him under subsection (4)(e) may not give an immunity notice in |
| |
relation to proceedings in England and Wales. |
| |
(7) | An immunity notice must not be given in relation to an offence under section |
| 30 |
188 of the Enterprise Act 2002 (c. 40) (cartel offences). |
| |
69 | Assistance by offender: undertakings as to use of evidence |
| |
(1) | If a specified prosecutor thinks that for the purposes of the investigation or |
| |
prosecution of any offence it is appropriate to offer any person an undertaking |
| |
that information of any description will not be used against the person in any |
| 35 |
proceedings to which this section applies he may give the person a written |
| |
notice under this subsection (a “restricted use undertaking”). |
| |
(2) | This section applies to— |
| |
(a) | criminal proceedings; |
| |
(b) | proceedings under Part 5 of the Proceeds of Crime Act 2002 (c. 29) |
| 40 |
(3) | If a person is given a restricted use undertaking the information described in |
| |
the undertaking must not be used against that person in any proceedings to |
| |
|
| |
|
| |
|
which this section applies brought in England and Wales or Northern Ireland |
| |
except in the circumstances specified in the undertaking. |
| |
(4) | A restricted use undertaking ceases to have effect in relation to the person to |
| |
whom it is given if the person fails to comply with any conditions specified in |
| |
| 5 |
(5) | The Director of Public Prosecutions for Northern Ireland or a person |
| |
designated by him under section 68(4)(e) may not give a restricted use |
| |
undertaking in relation to proceedings in England and Wales. |
| |
(6) | The Director of Public Prosecutions or a person designated by him under |
| |
section 68(4)(e) may not give a restricted use undertaking in relation to |
| 10 |
proceedings in Northern Ireland. |
| |
(7) | Specified prosecutor must be construed in accordance with section 68(4). |
| |
70 | Assistance by defendant: reduction in sentence |
| |
(1) | This section applies if a defendant— |
| |
(a) | following a plea of guilty is either convicted of an offence in |
| 15 |
proceedings in the Crown Court or is committed to the Crown Court |
| |
| |
(b) | has, pursuant to a written agreement made with a specified prosecutor, |
| |
assisted or offered to assist the investigator or prosecutor in relation to |
| |
that or any other offence. |
| 20 |
(2) | In determining what sentence to pass on the defendant the court may take into |
| |
account the extent and nature of the assistance given or offered. |
| |
(3) | If the court passes a sentence which is less than it would have passed but for |
| |
the assistance given or offered, it must state in open court— |
| |
(a) | that it has passed a lesser sentence than it would otherwise have |
| 25 |
| |
(b) | what the greater sentence would have been. |
| |
(4) | Subsection (3) does not apply if the court thinks that it would not be in the |
| |
public interest to disclose that the sentence has been discounted; but in such a |
| |
case the court must give written notice of the matters specified in paragraphs |
| 30 |
(a) and (b) of subsection (3) to both the prosecutor and the defendant. |
| |
(5) | Nothing in any enactment which— |
| |
(a) | requires that a minimum sentence is passed in respect of any offence or |
| |
an offence of any description or by reference to the circumstances of |
| |
any offender (whether or not the enactment also permits the court to |
| 35 |
pass a lesser sentence in particular circumstances), or |
| |
(b) | in the case of a sentence which is fixed by law, requires the court to take |
| |
into account certain matters for the purposes of making an order which |
| |
determines or has the effect of determining the minimum period of |
| |
imprisonment which the offender must serve (whether or not the |
| 40 |
enactment also permits the court to fix a lesser period in particular |
| |
| |
| affects the power of a court to act under subsection (2). |
| |
(6) | If, in determining what sentence to pass on the defendant, the court takes into |
| |
account the extent and nature of the assistance given or offered as mentioned |
| 45 |
in subsection (2), that does not prevent the court from also taking account of |
| |
|
| |
|