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Information and evidence |
| Powers. |
37. Schedule 5 (power to obtain information, &c.) shall have effect.
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| Financial information. |
38. Schedule 6 (financial information) shall have effect.
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| Disclosure of information, &c. |
39. - (1) Subsection (2) applies where a person knows or has reasonable cause to suspect that a constable is conducting or proposes to conduct a terrorist investigation.
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(2) The person commits an offence if he-
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(a) discloses to another anything which is likely to prejudice the investigation, or |
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(b) interferes with material which is likely to be relevant to the investigation. |
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(3) Subsection (4) applies where a person knows or has reasonable cause to suspect that a disclosure has been or will be made under any of sections 19 to 21.
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(4) The person commits an offence if he-
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(a) discloses to another anything which is likely to prejudice an investigation resulting from the disclosure under that section, or |
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(b) interferes with material which is likely to be relevant to an investigation resulting from the disclosure under that section. |
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(5) It is a defence for a person charged with an offence under subsection (2) or (4) to prove-
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(a) that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation, or |
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(b) that he had a reasonable excuse for the disclosure or interference. |
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(6) Subsections (2) and (4) do not apply to a disclosure which is made by a professional legal adviser-
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(a) to his client or to his client's representative in connection with the provision of legal advice by the adviser to the client and not with a view to furthering a criminal purpose, or |
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(b) to any person for the purpose of actual or contemplated legal proceedings and not with a view to furthering a criminal purpose. |
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(7) A person guilty of an offence under this section shall be liable-
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(a) on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or |
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(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. |
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(8) For the purposes of this section-
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(a) a reference to conducting a terrorist investigation includes a reference to taking part in the conduct of, or assisting, a terrorist investigation, and |
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(b) a person interferes with material if he falsifies it, conceals it, destroys it or disposes of it, or if he causes or permits another to do any of those things. |
