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Criminal Justice Act 1994
Offences of prejudicing investigation.
58.—(1) Where, in relation to F98[an investigation into drug trafficking, into whether a person holds funds subject to confiscation or into whether a person has benefited from an offence in respect of which a confiscation order might be made], an order under section 63 of this Act has been made, or has been applied for and has not been refused, or a warrant under section 55 or 64 of this Act has been issued, a person who, knowing or suspecting that the investigation is taking place, makes any disclosure which is likely to prejudice the investigation shall be guilty of an offence.
(2) F99[…]
(3) In proceedings against a person for an offence under this section, it is a defence for that person to prove—
(a) that he did not know or suspect that the disclosure to which the proceedings relate was likely to prejudice the investigation, or
(b) that he had lawful authority or reasonable excuse for making the disclosure.
(4) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.
Annotations
Amendments:
F98
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 37(a), commenced on enactment.
F99
Repealed (15.07.2010) by Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010), s. 4(1), S.I. No. 342 of 2010.
Editorial Notes:
E85
A fine of £1,000 converted (1.01.1999) to €1,269.73. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.
E86
Previous affecting provision: subs. (2) amended (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 37(b), commenced on enactment; subsection repealed (15.07.2010) as per F-note above.