Duty of Disclosure and Tipping off Flashcards
Q: What is the duty of disclosure when they believe someone is laundering terrorist property in a work environment?
S19 2000 Act- requires businesses and individuals to report any suspicions they may have that someone is laundering terrorist money or committing any of the other terrorist property activities in s15-18.
(1) This section applies where a person-
(a) believes or suspects that another person has committed an offence under any of sections 15 to 18, and
(b) bases his belief or suspicion on information which comes to his attention—
(i) in the course of a trade, profession or business, or
(ii) in the course of his employment (whether or not in the course of a trade, profession or business).
(2) The person commits an offence if he does not disclose to a constable as soon as is reasonably practicable—
(a) His belief or suspicion, and
(b) The information on which it is based.
These suspicious activity reports and disclosure provisions are similar to the Money Laundering provisions in the Proceeds of Crime Act.
Q: What does ‘employment’ mean?
Employment means any employment- paid or unpaid. It includes office holders, voluntary work and training courses or programmes.
Q: Does this provision extend to social environments, as well as the work environment?
These provisions are based on info that comes to attention in the work environment, rather than in a social environment.
Q: Are there any defences?
It is a defence for a person to prove that he had reasonable excuse for not making the disclosure or that the matters specified were disclosed in accordance with established reporting procedures.
Q: What if this info is disclosed during a legally privileged meeting?
Legal professionals are not required to disclose info obtained in legally privileged circumstances.
Q: Is there a way for businesses to disclose info to the police without breaching legal restrictions?
S20 2000 Act- ensures businesses can disclose info to the police without breaching legal restrictions that might otherwise apply to the disclosure of info eg: data protection and privacy laws.
Q: What if someone fails to disclose info on potential terrorist activity?
S38B 2000 Act- contains an offence where someone has info that he knows or believes might be of material assistance in preventing an act of terrorism or help bring terrorists to justice and he does not disclose the info to a constable as soon as reasonably practicable.
Q: What type of offence is s38B?
It is triable either way.
Carries a maximum of 10 years on indictment.
Q: What is the offence of ‘tipping off’?
S39 2000 Act
Occurs where someone knows or suspects that a terrorist investigation is being conducted or proposed and discloses to another anything likely to prejudice the investigation or interfere with material likely to be relevant to the investigation.
Q: What type of offence is s39?
Triable either way.
Carries a maximum of 5 years imprisonment on indictment.
Q: Are there any defences?
It is a defence to prove that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation, or that he had a reasonable excuse for the disclosure or interference.
Q: Who is the evidential burden placed upon with regards to the defence?
The evidential burden of proof lies on the defendant- he has to raise an arguable case which the prosecution must then disprove.
