Criminal Justice Act 2011

21.

Offences, etc.

21.— (1) An employee who makes a disclosure knowing it to be false or being reckless as to whether it is false shall be guilty of an offence.

F5 [ (1A) Subsection (1) does not apply to the making of a disclosure that is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ]

(2) An employer who contravenes section 20(1) shall be guilty of an offence.

(3) A person who, upon examination on oath or affirmation authorised under paragraph 2(7) of Schedule 2 , wilfully makes any statement which is material for that purpose and which the person knows to be false or does not believe to be true shall be guilty of an offence.

(4) A person to whom a notice under paragraph 2(8) of Schedule 2 has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence.

(5) A person guilty of an offence under subsection (1) or (2) shall be liable—

( a) on summary conviction, to a class A fine 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 2 years or both.

(6) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(7) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a class A fine.

(8) A document purporting to be signed by the chairperson or a deputy chairperson of the Labour Court stating that—

( a) a person named in the document was, by a notice under paragraph 2(8) of Schedule 2 , required to attend before the Labour Court on a day and at a time and place specified in the document, to give evidence or produce a document, or both,

( b) a sitting of the Labour Court was held on that day and at that time and place, and

( c) the person did not attend before the Labour Court in pursuance of the notice or, as the case may be, having so attended, refused to give evidence or refused or wilfully failed to produce the document,

shall, in a prosecution of the person under subsection (4), be evidence of the matters so stated without further proof unless the contrary is shown.

Annotations

Amendments:

F5

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1) and sch. 4 part 1 item 13, S.I. No. 327 of 2014.