Prospective

OffencesU.K.

24Offences of failing to comply with compliance notice or restriction noticeU.K.

section 24 1 + (1)A person who is given a compliance notice in respect of a contravention which relates to enhanced duty premises or a qualifying event commits an offence if the person fails to comply with the notice.

section 24 2 + (2)A person who is given a restriction notice commits an offence if the person fails to comply with the notice.

section 24 3 + (3)It is a defence for a person (“the accused”) charged with an offence under subsection (1) or (2) to show that they took all reasonable steps to comply with the notice.

section 24 4 + (4)The accused is to be taken to have shown the fact mentioned in subsection (3) if—

section 24 4 a + (a)sufficient evidence of the fact is adduced to raise an issue with respect to it, and

section 24 4 b + (b)the contrary is not proved beyond reasonable doubt.

section 24 5 + (5)The accused may not rely on a defence under subsection (3) which involves a third party allegation unless the accused has—

section 24 5 a + (a)given a notice to the prosecutor in accordance with subsections (7) to (10), or

section 24 5 b + (b)obtained the permission of the court.

section 24 6 + (6)term third party allegation + In subsection (5) “third party allegation” means an allegation that the failure was due to—

section 24 6 a + (a)the act or omission of another person, or

section 24 6 b + (b)the accused relying on information provided by another person.

section 24 7 + (7)The notice under subsection (5)(a) must give any information in the accused’s possession which identifies, or may assist in identifying, the other person mentioned in subsection (6).

section 24 8 + (8)In the case of proceedings in England and Wales or Northern Ireland, the notice under subsection (5)(a) must be given to the prosecutor no later than seven clear days before the hearing of the proceedings.

section 24 9 + (9)In the case of summary proceedings in Scotland, the notice under subsection (5)(a) must be given to the prosecutor—

section 24 9 a + (a)where an intermediate diet is to be held, at or before that diet;

section 24 9 b + (b)where such a diet is not to be held, no later than ten clear days before the trial diet.

section 24 10 + (10)In the case of solemn proceedings in Scotland, the notice under subsection (5)(a) must be given to the prosecutor—

section 24 10 a + (a)where the proceedings are in the sheriff court, at or before the first diet;

section 24 10 b + (b)where the proceedings are in the High Court, at or before the preliminary hearing.

section 24 11 + (11)A person who commits an offence under this section is liable—

section 24 11 a + (a)on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

section 24 11 b + (b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

section 24 11 c + (c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);

section 24 11 d + (d)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

25Offence of providing false or misleading informationU.K.

section 25 1 + (1)A person commits an offence if—

section 25 1 a + (a)the person provides false or misleading information to the Security Industry Authority in compliance, or purported compliance, with a requirement imposed by or under this Part, and

section 25 1 b + (b)the person knows that, or is reckless as to whether, the information is false or misleading.

section 25 2 + (2)A person who commits an offence under this section is liable—

section 25 2 a + (a)on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

section 25 2 b + (b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

section 25 2 c + (c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);

section 25 2 d + (d)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

26Liability for offence committed by a bodyU.K.

section 26 1 + (1)Subsection (2) applies where a person who is not an individual (“the body”) commits an offence under—

section 26 1 a + (a)section 24(1) (failure to comply with compliance notice),

section 26 1 b + (b)section 24(2) (failure to comply with restriction notice), or

section 26 1 c + (c)paragraph 10 of Schedule 3 (failure to comply with information notice).

section 26 2 + (2)If the offence—

section 26 2 a + (a)is committed with the consent or connivance of a relevant person in relation to the body or a person purporting to act in the capacity of a relevant person in relation to the body, or

section 26 2 b + (b)is attributable to neglect on the part of such a person,

the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

section 26 3 + (3)Subsection (4) applies where a person who is not an individual (“the body”) commits an offence under—

section 26 3 a + (a)section 25 (providing false or misleading information to the Security Industry Authority),

section 26 3 b + (b)paragraph 11 of Schedule 3 (obstructing an authorised inspector), or

section 26 3 c + (c)paragraph 12 of Schedule 3 (pretending to be an authorised inspector).

section 26 4 + (4)If the offence is committed with the consent or connivance of a relevant person in relation to the body, or a person purporting to act in the capacity of a relevant person in relation to the body, the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

section 26 5 + (5)term relevant person + “Relevant person” means—

section 26 5 a + (a)in relation to a body corporate other than one whose affairs are managed by its members, an officer of the body or any other person who is concerned in the management or control of the body;

section 26 5 b + (b)in relation to a body corporate whose affairs are managed by its members, a member or any other person who is concerned in the management or control of the body;

section 26 5 c + (c)in relation to a limited partnership, a general partner or any other person who is concerned in the management or control of the limited partnership;

section 26 5 d + (d)in relation to any other partnership, a partner or any other person who is concerned in the management or control of the partnership;

section 26 5 e + (e)in relation to any other unincorporated association, a person who is concerned in the management or control of the association.