Criminal Justice (Fraud Investigation) (Bailiwick of Guernsey) (Amendment) Law, 2002

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PROJET DE LOI

ENTITLED

The Criminal Justice (Fraud Investigation) (Bailiwick of Guernsey) (Amendment) Law, 2002

THE STATES, in pursuance of their Resolution of the 31^st day of May 2002[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Bailiwick of Guernsey.

Disclosure of information.

1. In section 2 of the Criminal Justice (Fraud Investigation) (Bailiwick of Guernsey) Law, 1991[b] for subsection (3) there shall be substituted the following subsections -

"(3) Subject to subsection (1) and to any provision of an agreement for the supply of information which restricts the disclosure of the information supplied, information obtained by Her Majesty's Procureur or any person duly authorised under section 1(10) may be disclosed -

(a) to any person or body for the purposes of any investigation of an offence or prosecution in the Bailiwick or elsewhere;

(b) to any competent authority; or

(4) The following are competent authorities for the purposes of subsection (3)(b) -

(a) any person or body having supervisory, regulatory or disciplinary functions in relation to financial services, any profession or any area of commercial activity;

(b) any person having under the law of any country or territory outside the Bailiwick functions corresponding to any of the functions mentioned in subparagraph (a); and

Tipping off.

2. After section 2 of the Criminal Justice (Fraud Investigation) (Bailiwick of Guernsey) Law, 1991 there shall be inserted -

"Offences as to "tipping off".

2A. (1) A person is guilty of an offence if -

(a) he knows or suspects that Her Majesty's Procureur is conducting an investigation, or proposing to conduct an investigation, using his powers under this Law; and

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

(2) Nothing in subsection (1) 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.

(3) Subsection (2) does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

(4) In proceedings against a person for an offence under subsection (1), it is a defence to prove that he did not know or suspect that the investigation or proposed investigation was likely to be prejudiced.

(5) No person authorised to act under section 1(10) shall be guilty of an offence under this section in respect of anything done by him in the course of his acting under the said authority.

(6) A person guilty of an offence under this section shall be liable-

(a) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 5 on the uniform scale, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years, to a fine, or to both.".

Citation.

3. This Law may be cited as the Criminal Justice (Fraud Investigation) (Bailiwick of Guernsey) (Amendment) Law, 2002.

[a]	Article VI of Billet d'État No. IX of 2002.
[b]	Order in Council No. III of 1991.