Criminal Justice Act, 1994

Offences of prejudicing investigation.

58.—(1) Where, in relation to an investigation into drug trafficking 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) Where a report has been made under subsection (1) or (2) of section 57 of this Act, a person who, knowing or suspecting that such a report has been made, makes any disclosure which is likely to prejudice any investigation arising from the report into whether an offence has been committed under section 31 or 32 of this Act shall be guilty of an offence.

(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.