Office of Public Sector Information
PART IVPART IV continued
20C (1) This paragraph applies where—
(a) the High Court has made a confiscation order by virtue of section 52B(4) of this Act, and
(b) the defendant has ceased to be an absconder.
(2) If the defendant alleges that—
(a) the value of his proceeds of terrorist-related activities in the period by reference to which the assessment in question was made (the “original value”), or
(b) the amount that might have been realised at the time the confiscation order was made,
was less than the amount required to be paid under the confiscation order, he may apply to the High Court for it to consider his evidence.
(3) If, having considered that evidence, the court is satisfied that the defendant’s allegation is correct it—
(a) shall proceed under section 47(1) of this Act to make a fresh assessment of the value of his proceeds of terrorist-related activities, and
(b) may, if it considers it just in all the circumstances, vary the amount required to be paid under the confiscation order.
(4) For any assessment under section 47 of this Act by virtue of this paragraph, section 47(8) shall not apply in relation to any of the defendant’s proceeds of terrorist-related activities taken into account in assessing the original value.
(5) Where the court varies a confiscation order under this paragraph—
(a) it shall substitute for the term of imprisonment or detention fixed in respect of the order under subsection (1)(c) of section 35 of the [1945 c. 15 (N.I.).] Criminal Justice Act (Northern Ireland) 1945 (imprisonment in default of payment) a shorter term if the effect of the substitution under sub-paragraph (3) above is to reduce the maximum period applicable in relation to the order under subsection (2) of that section as it has effect by virtue of paragraph 2(1)(b) above; and
(b) on the application of a person who held property which was realisable property, it may order compensation to be paid to the applicant if—
(i) it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order; and
(ii) having regard to all the circumstances of the case, the court considers it to be appropriate.
(6) The amount of compensation to be paid under this paragraph shall be such as the court considers just in all the circumstances of the case.
(7) Rules of court may make provision—
(a) for the giving of notice of any application under this paragraph; and
(b) for any person appearing to the court to be likely to be affected by any exercise of its powers under this paragraph to be given an opportunity to make representations to the court.
(8) Any payment of compensation under this paragraph shall be made by the Lord Chancellor out of money provided by Parliament.
(9) No application shall be entertained by the court under this paragraph if it is made after the end of the period of six years beginning with the date on which the confiscation order was made.”.
In section 50 of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991 (realisable property, value and gifts), in subsection (2), the following paragraphs shall be inserted after paragraph (c)—
“(d) section 43 of the [1973 c. 62.] Powers of Criminal Courts Act 1973; or
(e) section 223 or 436 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975,”.
(1) Section 67 of the Northern Ireland (Emergency Provisions) Act 1991 (orders and regulations) shall be amended as follows.
(2) In subsection (5), after the words “paragraph 7(3)” there shall be inserted “or 19(1)(a)”.
(3) Subsection (6) shall cease to have effect.
In paragraph 19 of Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1991 (enforcement of orders outside Northern Ireland), the following sub-paragraphs shall be added at the end—
“(3) An Order under this paragraph may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient.
(4) An Order under sub-paragraph (1)(a) above may, in particular, provide for section 18 of the [1982 c. 27.] Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom) not to apply.”.
(1) In section 53 of the Northern Ireland (Emergency Provisions) Act 1991 (assisting another to retain proceeds of terrorist-related activities) the following subsection shall be inserted after subsection (3)—
“(3A) Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with terrorist-related activities or any matter on which such a suspicion or belief is based, the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise.”.
(2) In section 53 of that Act the following subsection shall be inserted after subsection (4)—
“(4A) In the case of a person who was in employment at the relevant time, subsections (3), (3A) and (4)(c) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.”.
(3) In subsection (3) of section 54 of that Act (concealing or transferring proceeds of terrorist-related activities), for the words from “that property” to the end of that subsection, there shall be substituted “or uses that property or has possession of it”.
(4) In section 54 of that Act, the following subsection shall be inserted after subsection (3)—
“(3A) It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.”.
(5) For section 54(5) of that Act there shall be substituted—
“(5) For the purposes of subsection (3A) above—
(a) a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property;
(b) a person uses or has possession of any property for inadequate consideration if the value of the consideration is significantly less than the value of his possession or use of the property; and
(c) the provision for any person of services or goods which are of assistance to him in terrorist-related activities shall not be treated as consideration.
(5A) Where a person discloses to a constable a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of terrorist-related activities or any matter on which such a suspicion or belief is based—
(a) the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and
(b) if he does any act in contravention of subsection (3) above, he does not commit an offence under that subsection if—
(i) the disclosure is made before he does the act concerned and that act is done with the consent of the constable; or
(ii) the disclosure is made after he does the act but on his initiative and as soon as it is reasonable for him to make it.
(5B) For the purposes of this section, having possession of any property shall be taken to be doing an act in relation to it.
(5C) In proceedings against a person for an offence under subsection (3) above, it is a defence to prove that—
(a) he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (5A) above; but
(b) there is reasonable excuse for his failure to make a disclosure in accordance with paragraph (b) of that subsection.
(5D) In the case of a person who was in employment at the relevant time, subsections (5A) and (5C) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.
(5E) No constable or other person shall be guilty of an offence under subsection (3) above in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of such terrorism.”.
The following section shall be inserted in the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991, after section 54—
(1) A person is guilty of an offence if—
(a) he knows, or suspects, that another person is acting in the proscribed manner,
(b) the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, and
(c) he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.
(2) Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.
(3) It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.
(4) Where a person discloses to a constable—
(a) his suspicion or belief that another person is acting in the proscribed manner, or
(b) any information or other matter on which that suspicion or belief is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
(5) Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.
(6) A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.
(7) In this section “acting in the proscribed manner” means doing any act which constitutes an offence under section 53 or 54 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.
(8) For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.
(9) For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—
(a) by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;
(b) by, or by a representative of, a person seeking legal advice from the adviser; or
(c) by any person—
(i) in contemplation of, or in connection with, legal proceedings; and
(ii) for the purpose of those proceedings.
(10) No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.
(11) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or to both.”.
(1) In section 9 of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 (contributions towards acts of terrorism), the following shall be inserted at the end of subsection (1)(b)—
(c) uses or has possession of, whether for consideration or not, any money or other property,”.
(2) In section 10 of that Act (contributions to the resources of proscribed organisations), in subsection (1)(b), after the words “or accepts” there shall be inserted “or uses or has possession of”.
(3) In section 12 of that Act (disclosure of information about terrorist funds) for the word “contract”, in subsection (1), there shall be substituted “statute or otherwise”.
(4) In section 12 of that Act, the following subsection shall be inserted after subsection (2)—
“(2A) For the purposes of subsection (2) above a person who uses or has possession of money or other property shall be taken to be concerned in a transaction or arrangement.”.
(5) In section 12(3) of that Act, after “section 9(1)(b)” there shall be inserted “or (c)”.
(6) The following subsections shall be added at the end of section 12 of that Act—
“(4) In the case of a person who was in employment at the relevant time, subsections (1) to (3) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.
(5) No constable or other person shall be guilty of an offence under section 9(1)(b) or (c) or (2) or 10(1)(b) or (c) above in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of terrorism.
(6) For the purposes of subsection (5) above, having possession of any property shall be taken to be doing an act in relation to it.”.
(1) Section 17 (investigation of terrorist activities) of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.
(2) In subsection (1)(a)(ii)—
(a) for “or 11 above” there shall be substituted “11, 18 or 18A of this Act”; and
(b) for “or 28” there shall be substituted “28, 53, 54 or 54A”.
(3) For subsection (2) there shall be substituted—
“(2) A person is guilty of an offence if, knowing or having reasonable cause to suspect that a constable is acting, or is proposing to act, in connection with a terrorist investigation which is being, or is about to be, conducted, he—
(a) discloses to any other person information or any other matter which is likely to prejudice the investigation or proposed investigation, or
(b) falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to the investigation, or proposed investigation.
(2A) A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure (“the disclosure”) has been made to a constable under section 12, 18 or 18A of this Act or section 53, 54 or 54A of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991, he—
(a) discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; or
(b) falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to any such investigation.
(2B) A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure (“the disclosure”) of a kind mentioned in section 12(4) or 18A(5) of this Act or section 53(4A), 54(5D) or 54A(5) of the Act of 1991 has been made, he—
(a) discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; or
(b) falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to any such investigation.
(2C) Nothing in subsections (2) to (2B) above makes it an offence for a professional legal adviser to disclose any information or other matter—
(a) to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or
(b) to any person—
(i) in contemplation of, or in connection with, legal proceedings; and
(ii) for the purpose of those proceedings.
(2D) Subsection (2C) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.
(2E) No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of terrorism.”.
(4) In subsection (3) (defence in respect of disclosure), after “investigation” there shall be inserted “or proposed investigation”.
(5) The following shall be inserted after subsection (3)—
“(3A) In proceedings against a person for an offence under subsection (2A)(a) or (2B)(a) above it is a defence to prove—
(a) that he did not know and had no reasonable cause to suspect that his disclosure was likely to prejudice the investigation in question; or
(b) that he had lawful authority or reasonable excuse for making his disclosure.”.
(6) In subsection (4) (defence in respect of falsifying material etc.), for the words from “the persons” to the end there shall be substituted “any person conducting, or likely to be conducting, the investigation or proposed investigation”.
(7) The following shall be inserted after subsection (4)—
“(4A) In proceedings against a person for an offence under subsection (2A)(b) or (2B)(b) above, it is a defence to prove that he had no intention of concealing any information contained in the material in question from any person who might carry out the investigation in question.”.
(8) In subsection (5) (penalties) after “(2)” there shall be inserted “(2A) or (2B)”.
(9) The following subsection shall be added at the end—
“(6) For the purposes of subsection (1) above, as it applies in relation to any offence under section 18 or 18A below or section 54A of the Act of 1991, “act” includes omission.”.
The following section shall be inserted in the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989, after section 18—
(1) A person is guilty of an offence if—
(a) he knows, or suspects, that another person is providing financial assistance for terrorism;
(b) the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment; and
(c) he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.
(2) Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.
(3) It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.
(4) Where a person discloses to a constable—
(a) his suspicion or belief that another person is providing financial assistance for terrorism; or
(b) any information or other matter on which that suspicion or belief is based;
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
(5) Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.
(6) A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.
(7) In this section “providing financial assistance for terrorism” means doing any act which constitutes an offence under section 9, 10 or 11 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.
(8) For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.
(9) For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—
(a) by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;
(b) by, or by a representative of, a person seeking legal advice from the adviser; or
(c) by any person—
(i) in contemplation of, or in connection with, legal proceedings; and
(ii) for the purpose of those proceedings.
(10) No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.
(11) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or to both.”.
Criminal Justice Act 1993