s.23Disclosure of information: duty
23
Section 23Part 3 — Terrorist Property

Disclosure of information: duty

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This section applies where a person —
believes or suspects that another person has committed an offence under sections 19 to 22; and
bases his belief or suspicion on information which comes to his attention in the course of a trade, profession, business or employment.
This section does not apply if the information came to the person in the course of a business in the regulated sector.
A person commits an offence if he does not disclose to the Reporting Authority or to a constable as soon as is reasonably practicable his belief or suspicion and the information on which it is based.
It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable excuse for not making the disclosure.
Where —
a person is employed by another person;
his employer has established a procedure for the making of disclosures of the matters specified in subsection (3); and
he is charged with an offence under that subsection,
it is a defence for him to prove that he disclosed the matters specified in that subsection in accordance with the procedure.
Subsection (3) does not require disclosure by a professional legal adviser of —
information which he obtains in privileged circumstances; or
a belief or suspicion based on information which he obtains in privileged circumstances.
For the purpose of subsection (6), information is obtained by a professional legal adviser in privileged circumstances if it comes to him, otherwise than with a view to furthering a criminal purpose from —
a client or a client's representative, in connection with the provision of legal advice by the adviser to the client;
a person seeking legal advice from the adviser, or from the person's representative; or
any person, for the purpose of actual or contemplated legal proceedings.
For the purposes of subsection (1)(a), a person shall be treated as having committed an offence under sections 19 to 22 if —
he has taken an action or been in possession of a thing; and
he would have committed an offence under one of those sections if he had been in the Islands at the time when he took the action or was in possession of the thing.
A person who commits an offence under this section is liable —
on summary conviction, to a fine of four thousand dollars and to imprisonment for six months; and
on conviction on indictment to a fine and to imprisonment for five years.

Defined Terms

Reporting Authority

Cross References

Referenced By