Criminal Justice Act 1993

Offences

16Acquisition, possession or use of proceeds of drug trafficking

(1)The following section shall be inserted in the [1986 c. 32.] Drug Trafficking Offences Act 1986 at the appropriate place—

“Acquiring etc. property derived from drug trafficking

23AAcquisition, possession or use of proceeds of drug trafficking

(1)A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, he acquires or uses that property or has possession of it.

(2)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.

(3)For the purposes of subsection (2) above—

(a)a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and

(b)a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.

(4)The provision for any person of services or goods which are of assistance to him in drug trafficking shall not be treated as consideration for the purposes of subsection (2) above.

(5)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 drug trafficking, or discloses to a constable 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 relation to the property in contravention of subsection (1) above, he does not commit an offence under this section if—

(i)the disclosure is made before he does the act concerned and the 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.

(6)For the purposes of this section, having possession of any property shall be taken to be doing an act in relation to it.

(7)In proceedings against a person for an offence under this section, 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 (5) above, but

(b)there is reasonable excuse for his failure to make the disclosure in accordance with paragraph (b) of that subsection.

(8)In the case of a person who was in employment at the relevant time, subsections (5) and (7) 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.

(9)A person guilty of an offence under this section is 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 fourteen years or a fine or to both.

(10)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 drug trafficking or the proceeds of such trafficking.”.

(2)In section 2(4) of the Act of 1986 (circumstances where assumptions are not to be made), after first “section” there shall be inserted “23A or”.

17Acquisition, possession or use of proceeds of drug trafficking: Scotland

(1)The following section shall be inserted in the [1987 c. 41.] Criminal Justice (Scotland) Act 1987, after section 42—

“42AAcquisition, possession or use of proceeds of drug trafficking

(1)A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, he acquires or uses that property or has possession of it.

(2)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.

(3)For the purposes of subsection (2) above—

(a)a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and

(b)a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.

(4)The provision for any person of services or goods which are of assistance to him in drug trafficking shall not be treated as consideration for the purposes of subsection (2) above.

(5)Where a person discloses to a constable or to a person commissioned by the Commissioners of Customs and Excise a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, or discloses to a constable or a person so commissioned 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 relation to the property in contravention of subsection (1) above, he does not commit an offence under this section if—

(i)the disclosure is made before he does the act concerned and the act is done with the consent of the constable or person so commissioned, 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.

(6)For the purposes of this section having possession of any property shall be taken to be doing an act in relation to it.

(7)In proceedings against a person for an offence under this section, it is a defence to prove that—

(a)he intended to disclose to a constable or a person so commissioned such a suspicion, belief or matter as is mentioned in subsection (5) above; but

(b)there is reasonable excuse for his failure to make the disclosure in accordance with paragraph (b) of that subsection.

(8)In the case of a person who was in employment at the relevant time, subsections (5) and (7) 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 or a person so commissioned.

(9)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine or to both.

(10)No constable, person so commissioned 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 drug trafficking or the proceeds of such trafficking.”.

(2)In section 3(3) of the Act of 1987 (circumstances where assumptions are not to be made), after the word “section” where it first occurs there shall be inserted the words “42A or”.

18Offences in connection with laundering money from drug trafficking

(1)The following sections shall be inserted in the [1986 c. 32.] Drug Trafficking Offences Act 1986, after section 26A—

“Offences in connection with money laundering

26BFailure to disclose knowledge or suspicion of money laundering

(1)A person is guilty of an offence if—

(a)he knows, or suspects, that another person is engaged in drug money laundering,

(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 engaged in drug money laundering, 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, “drug money laundering” means doing any act which constitutes an offence under—

(a)section 23A or 24 of this Act; or

(b)section 14 of the [1990 c. 5.] Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);

or, in the case of an act done otherwise than in England and Wales, would constitute such an offence if done in England and Wales.

(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.

26CTipping-off

(1)A person is guilty of an offence if—

(a)he knows or suspects that a constable is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into drug money laundering, and

(b)he discloses to any other person information or any other matter which is likely to prejudice that investigation, or proposed investigation.

(2)A person is guilty of an offence if—

(a)he knows or suspects that a disclosure (“the disclosure”) has been made to a constable under section 23A, 24 or 26B of this Act, and

(b)he discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.

(3)A person is guilty of an offence if—

(a)he knows or suspects that a disclosure of a kind mentioned in section 23A(8), 24(4A) or 26B(5) of this Act (“the disclosure”) has been made, and

(b)he discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.

(4)Nothing in subsections (1) to (3) 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.

(5)Subsection (4) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

(6)In proceedings against a person for an offence under subsection (1), (2) or (3) above, it is a defence to prove that he did not know or suspect that the disclosure was likely to be prejudicial in the way mentioned in that subsection.

(7)In this section “drug money laundering” has the same meaning as in section 26B of this Act.

(8)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.

(9)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 drug trafficking or the proceeds of such trafficking.”.

(2)In section 24 of the [1986 c. 32.] Drug Trafficking Offences Act 1986 (assisting another to retain the benefit of drug trafficking), in subsection (3)(a) for the word “contract” there shall be substituted “statute or otherwise”.

(3)In section 24 of the Act of 1986, 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) and (4) 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.”.

19Offences in connection with laundering money from drug trafficking: Scotland

(1)The following sections shall be inserted after section 43 of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987—

“43AFailure to disclose knowledge or suspicion of money laundering

(1)A person is guilty of an offence if—

(a)he knows, or suspects, that another person is engaged in drug money laundering,

(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 or to a person commissioned by the Commissioners of Customs and Excise 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 or a person so commissioned—

(a)his suspicion or belief that another person is engaged in drug money laundering, 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 “drug money laundering” means doing any act which constitutes an offence under—

(a)section 42A or 43 of this Act; or

(b)section 14 of the [1990 c. 5.] Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking),

or, in the case of an act done otherwise than in Scotland, would constitute such an offence if done in Scotland.

(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.

43BTipping-off

(1)A person is guilty of an offence if—

(a)he knows or suspects that a constable or a person commissioned by the Commissioners of Customs and Excise is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into drug money laundering within the meaning of subsections (7) and (8) of section 43A of this Act; and

(b)he discloses to any other person information or any other matter which is likely to prejudice that investigation, or proposed investigation.

(2)A person is guilty of an offence if—

(a)he knows or suspects that a disclosure has been made to a constable, or a person so commissioned, under section 42A, 43 or 43A of this Act; and

(b)he discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.

(3)A person is guilty of an offence if—

(a)he knows or suspects that a disclosure of a kind mentioned in section 42A(8), 43(4A) or 43A(5) of this Act has been made; and

(b)he discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.

(4)Nothing in subsections (1) to (3) 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.

(5)Subsection (4) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

(6)In proceedings against a person for an offence under subsection (1), (2) or (3) above, it is a defence to prove that he did not know or suspect that the disclosure was likely to be prejudicial in the way mentioned in that subsection.

(7)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.

(8)No constable, person so commissioned 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 drug trafficking or the proceeds of such trafficking.”.

(2)In section 43 of the Act of 1987 (assisting another to retain the proceeds of drug trafficking)—

(a)in subsection (3), after the words “trafficking or” there shall be inserted the words “discloses to a constable or a person so commissioned”; and

(b)in paragraph (a) of subsection (3), for the word “contract” there shall be substituted “statute or otherwise”.

(3)After subsection (4) of that section, there shall be inserted the following subsection—

“(4A)In the case of a person who was in employment at the relevant time, subsections (3) and (4) 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 or a person commissioned as aforesaid.”.

20Prosecution by order of the Commissioners of Customs and Excise

(1)The following section shall be inserted in the [1986 c. 32.] Drug Trafficking Offences Act 1986, after section 36—

“36AProsecution by order of the Commissioners of Customs and Excise

(1)Proceedings for an offence to which this section applies (“a specified offence”) may be instituted by order of the Commissioners.

(2)Any proceedings for a specified offence which are so instituted shall be commenced in the name of an officer.

(3)In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for a specified offence were commenced, those proceedings may be continued by another officer.

(4)Where the Commissioners investigate, or propose to investigate, any matter with a view to determining—

(a)whether there are grounds for believing that a specified offence has been committed, or

(b)whether a person should be prosecuted for a specified offence,

that matter shall be treated as an assigned matter within the meaning of the [1979 c. 2.] Customs and Excise Management Act 1979.

(5)Nothing in this section shall be taken—

(a)to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a specified offence from doing so; or

(b)to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a specified offence, even though the proceedings have not been instituted by an order made under subsection (1) above.

(6)In this section—

• “the Commissioners” means the Commissioners of Customs and Excise;

• “officer” means a person commissioned by the Commissioners; and

• “specified offence” means—

  (a)

  an offence under section 23A, 24, 26B, 26C or 31 of this Act or section 14 of the [1990 c. 5.] Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);

  (b)

  attempting to commit, conspiracy to commit or incitement to commit, any such offence; or

  (c)

  any other offence of a kind prescribed in regulations made by the Secretary of State for the purposes of this section.

(7)The power to make regulations under subsection (6) above shall be exercisable by statutory instrument.

(8)Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

(2)The following section shall be inserted in the [1987 c. 41.] Criminal Justice (Scotland) Act 1987, after section 40—

“40AProsecution by order of the Commissioners of Customs and Excise

(1)Summary proceedings for a specified offence may be instituted by order of the Commissioners and shall, if so instituted, be commenced in the name of an officer.

(2)In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for a specified offence were commenced, those proceedings may be continued by another officer.

(3)Where the Commissioners investigate, or propose to investigate, any matter with a view to determining—

(a)whether there are grounds for believing that a specified offence has been committed, or

(b)whether a person should be prosecuted for a specified offence,

that matter shall be treated as an assigned matter within the meaning of the [1979 c. 2.] Customs and Excise Management Act 1979.

(4)Nothing in this section shall be taken—

(a)to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a specified offence from doing so; or

(b)to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a specified offence, even though the proceedings have not been instituted by an order made under subsection (1) above.

(5)In this section—

• “the Commissioners” means the Commissioners of Customs and Excise;

• “officer” means a person commissioned by the Commissioners; and

• “specified offence” means—

  (a)

  an offence under section 42, 42A, 43, 43A or 43B of this Act or section 14 of the [1990 c. 5.] Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);

  (b)

  attempting to commit, conspiracy to commit or incitement to commit, any such offence; or

  (c)

  any other offence of a kind prescribed in regulations made by the Secretary of State for the purposes of this section.

(6)Regulations under subsection (5) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.