Serious Fraud Office Act 1990

If you need more information about this Act, please contact the administering agency: Ministry of Justice
22 Effect of final decision that exercise of powers unlawful

(1)

In any case where it is declared, in a final decision given in any proceedings in respect of the exercise of any powers conferred by this Act, that the exercise of any powers conferred by this Act is unlawful, to the extent to which the exercise of those powers is declared unlawful the Director shall ensure that forthwith after the decision of the court is given—

(a)

any information obtained pursuant to the exercise of powers declared to be unlawful, and any record of such information, is destroyed:

(b)

any documents, or extracts from documents, or other things removed pursuant to the exercise of powers declared to be unlawful are returned to the person previously having possession of them, or previously having them under his or her control, and any copies of such documents or extracts are destroyed:

(c)

any information derived from or based upon such information, documents, extracts, or things is destroyed.

(2)

Notwithstanding subsection (1), the court may, in the court’s discretion, order that any information, record, or copy of any document or extract may, instead of being destroyed,—

(a)

be returned to the person from whom it was obtained; or

(b)

be retained by the Serious Fraud Office subject to such terms and conditions as the court may impose.

(3)

No information obtained, and no documents or extracts from documents or other things removed, pursuant to the exercise of any powers declared to be unlawful, and no record of any such information or documents, shall be—

(a)

admissible as evidence in any proceedings unless the court hearing the proceedings in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence:

(b)

used in connection with the exercise of any power conferred by this Act unless the court that declared the exercise of the powers to be unlawful is satisfied that there was no unfairness in obtaining the evidence.

Compare: 1989 No 11 ss 27, 28