Page:Organised Crime Act 2015.pdf/73

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74
NO. 26 OF 2015


(c) supply any information specified in the order or produce for inspection any document specified in the order.

(3) The conditions referred to in subsection (2) are that—

(a) there are reasonable grounds for suspecting that—
(i) in relation to a proceeding or proposed proceeding under Part 3, 4 or 5—a person has been involved in any Part 2 offence (as defined under section 14(5)) or any serious offence associated with an organised criminal group (as defined under section 14(2)); or
(ii) in relation to a proceeding or proposed proceeding under Part 9—a person has carried out organised crime activity (as defined under section 48);
(b) there are reasonable grounds for suspecting that a specified person is able to do one or both of the following:
(i) answer any question on any matter that is likely to be of substantial value (whether by itself or together with other material) to the proceeding or proposed proceeding;
(ii) supply any information with respect to any matter that is likely to be of substantial value (whether by itself or together with other material) to the proceeding or proposed proceeding; and
(c) there are reasonable grounds for believing that it is in the public interest that the question is answered or the information is supplied (as the case may be), having regard to—
(i) the benefit likely to accrue to the proceeding or proposed proceeding if the information is supplied; and
(ii) the circumstances under which the person learns of the information.

(4) In an application for an order under this section, any defence that is available to a person who is prosecuted for an offence relating to the involvement mentioned in subsection (3)(a)(i), or an offence