DISCLOSURE NOTICES
Advice concerning notices, production Order, etc :-
Businessmen, and even solicitors should take specialist criminal defence advice if such notices or orders are received; issues such as legal professional privilege are not straightforward. There have been cases where a solicitor’s reluctance to hand over material has resulted in the solicitor himself becoming a suspect and charged LAWSON(1990) 90 Cr App R 107
The Director of Public Prosecutions can delegate his powers to issue a disclosure notice to any member of the Crown Prosecution Service (!) There are numerous other bodies who have the power.
Serious Organised Crime and Police Act 2005, ss.60-70
62. Disclosure notices
(1) If it appears to the Investigating Authority –
(a) that there are reasonable grounds for suspecting that an offence to which this Chapter applies has been committed,
(b) that any person has information (whether or not contained in a document) which relates to a matter relevant to the investigation of that offence, and
(c) that there are reasonable grounds for believing that information which may be provided by that person in compliance with a disclosure notice is likely to be of substantial value (whether or not by itself) to that investigation,
he may give, or authorise an appropriate person to give, a disclosure notice to that person.
The offences include Bribery, money laundering
SEE ALSO the powers of the The Office of Fair Trading in relation to competition – see REGULATORY-BUSINESS
