Criminal Justice (Mutual Assistance) Act 2008

100.

Disclosure prejudicing investigation.

100.— (1) Where a request is made in connection with a criminal investigation in the State or a designated state, any person who, knowing or suspecting that the investigation is taking place, makes any disclosure which is likely to prejudice the investigation is guilty of an offence.

(2) A person guilty of an offence under this section is liable—

( a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

( b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

(3) In proceedings for an offence under this section it is a defence to prove that the defendant—

( a) did not know or suspect that the disclosure to which the proceedings relate was likely to prejudice the investigation concerned, or

( b) had lawful authority or reasonable excuse for making the disclosure.