Failure to comply with a notice paras 10.2 to 10.6
Failure to comply with a notice
10.2 Where a person given a section 49 notice knowingly fails to make the disclosure required they commit an offence. If the disclosure required is necessary in the interests of national security they may be convicted on indictment to a maximum of 5 years imprisonment[25] or in any other case 2 years. On summary conviction they may be liable to a maximum six-month term of imprisonment or a fine not exceeding the statutory maximum or both.
- [25] Section 53 as amended by Section 15, Terrorism Act 2006
10.3 In proceedings against any person for failing to comply with a notice, if it is shown that he (or she) was in possession of a key to the protected information at any time before the notice was given, that person shall be considered to be in possession of that key at all subsequent times unless it is shown that the key was not in his possession after the giving of the notice and before the time that he (or she) was required to disclose it.
10.4 If the person fails to raise some doubt as to whether he (or she) had the key when the notice was given or before any subsequent time by which he (or she) was required to make the disclosure, that person shall be taken to have continued to be in possession of that key.
10.5 A person shall be taken to have shown they were not in possession of a key to protected information at a particular time if sufficient evidence of that fact is adduced to raise an issue with respect to their not having had possession of the key.
The prosecutor has to prove the contrary beyond reasonable doubt.
10.6 It is a defence for a person to show it was not reasonably practicable to make the disclosure required within the time limit given in the notice but that the disclosure was made as soon afterwards as was reasonably practicable.