Explanatory Notes

Anti-terrorism, Crime and Security Act 2001

2001 CHAPTER 24

14th December 2001

Commentary on Sections

Part 3: Disclosure of Information

Section 18 Restriction on disclosure of information for overseas purposes

64.This section enables the Secretary of State to prohibit the disclosure of information for the purposes of overseas criminal investigations or criminal proceedings that would otherwise be permitted by section 17 or without section 17 by the provisions modified by that section. This power may be exercised where it appears to him that the overseas investigation or proceeding relates to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by the authorities of the United Kingdom or a third country.

65.Any person who knowingly makes a disclosure prohibited by the Secretary of State pursuant to section 18 will be guilty of an offence. The person will be liable on conviction on indictment to imprisonment for a term of up to two years or a fine or to both, and on summary conviction to imprisonment for a term of up to three months or a fine of up to the statutory maximum (which is currently set at £5000).