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Criminal Justice Act 1993 (c. 36)Introductory TextPart I Jurisdiction (ss. 1-6)1. Offences to which this Part applies.2. Jurisdiction in respect of Group A offences.3. Questions immaterial to jurisdiction in the case of certain offences.4. Rules for determining certain jurisdictional questions relating to the location of events.5. Conspiracy, attempt and incitement.6. Relevance of external law.Part II Drug Trafficking Offences (ss. 7-26)Confiscation orders (ss. 7-13)7. Confiscation orders.8. Postponed determinations.9. Assumptions about proceeds of drug trafficking.10. Provision of information.11. Variation of confiscation orders.12. Revised assessment of proceeds of drug trafficking.13. Availability of powers and satisfaction of orders.Death or absence of defendant (ss. 14-15)14. Defendant who has died or absconded.15. Compensation.Offences (ss. 16-20)16. Acquisition, possession or use of proceeds of drug trafficking.17. Acquisition, possession or use of proceeds of drug trafficking: Scotland.18. Offences in connection with laundering money from drug trafficking.19. Offences in connection with laundering money from drug trafficking: Scotland.20. Prosecution by order of the Commissioners of Customs and Excise.Enforcement (ss. 21-23)21. Enforcement of certain orders.22. Enforcement of Northern Ireland orders: drug trafficking.23. Transfer of certain enforcement powers to the Commissioners of Customs and Excise.Miscellaneous (ss. 24-26)24. Miscellaneous amendments.25. Appeal against order forfeiting drug trafficking cash.26. Disclosure of information etc. received in privileged circumstances.Part III Proceeds of Criminal Conduct (ss. 27-35)Confiscation orders (ss. 27-28)27. Confiscation orders.28. Postponed determinationsMoney laundering and other offences (ss. 29-35)29. Assisting another to retain the benefit of criminal conduct.30. Acquisition, possession or use of proceeds of criminal conduct.31. Concealing or transferring proceeds of criminal conduct.32. Tipping-off.33. Application to Scotland of sections 93A to 93D of 1988 Act.34. Enforcement of Northern Ireland orders: proceeds of criminal conduct.35. Prosecution by order of the Commissioners of Customs and Excise.Part IV Financing etc. of Terrorism (ss. 36-51)Amendments of the 1991 Act (ss. 36-48)36. Confiscation orders.37. Revised assessments.38. Statements, etc. relevant to making confiscation orders.39. Provision of information.40. Variation of confiscation orders.41. Availability of powers and satisfaction of orders.42. Defendant who has died or absconded.43. Compensation.44. Realisable property.45. Enforcement.46. Enforcement of orders outside Northern Ireland.47. Offences relating to proceeds of terrorist-related activities.48. Failure to disclose knowledge or suspicion relating to proceeds of terrorist-related activities.Amendments of the 1989 Act (ss. 49-51)49. Financial assistance for terrorism.50. Investigation of terrorist activities.51. Failure to disclose knowledge or suspicion of financial assistance for terrorism.Part V Insider Dealing (ss. 52-64)The offence of insider dealing (ss. 52-53)52. The offence.53. Defences.Interpretation (ss. 54-60)54. Securities to which Part V applies.55. "Dealing" in securities.56. "Inside information", etc.57. "Insiders".58. Information "made public".59. "Professional intermediary".60. Other interpretation provisions.Miscellaneous (ss. 61-64)61. Penalties and prosecution.61A. Summary proceedings: venue and time limit for proceedings62. Territorial scope of offence of insider dealing.63. Limits on section 52.64. Orders.Part VI Miscellaneous (ss. 65-77)65. Fixing of fines.66. Powers of courts to deal with offenders.67. Penalty for causing death by dangerous driving or by careless driving.68. Appeals in Scotland against lenient disposals, etc.69. Supervised release of certain young offenders in Scotland.70. Penalties under implementation regulations.71. Offences in connection with taxation etc. in the European Union.72. Backing of warrants: safeguards.73. Power of Secretary of State to make grants in relation to combating drug misuse.74. Persons not eligible for early release.75. Compassionate release of certain children and other persons in Scotland.76. Life prisoners transferred to Scotland.77. Power to extend certain offences to Crown servants and to exempt regulators etc.Part VII Supplementary (ss. 78-79)78. Commencement etc.79. Short title, extent etc.Schedule 1 Special defencesSchedule 2 SecuritiesSchedule 2, Part 1 SecuritiesSchedule 2, Part 2 InterpretationSchedule 3 Financial penaltiesSchedule 4 Extensions and ExemptionsSchedule 5 Consequential AmendmentsSchedule 5, Part I Enactments (paras. 1-17)Schedule 5, Part II Orders in Council under the Northern Ireland Act 1974 (paras. 18-22)Schedule 6 Repeals and RevocationsSchedule 6, Part I RepealsSchedule 6, Part II Revocations
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 November 2021 - onwards
Version 3 of 3

61. Penalties and prosecution.

(1) An individual guilty of insider dealing shall be liable -

(a) on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months or to both; or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding ten years or to both.

(2) Proceedings for offences under this Part shall not be instituted in England and Wales except by or with the consent of -

(a) the Secretary of State; or

(b) the Director of Public Prosecutions.

(3) In relation to proceedings in Northern Ireland for offences under this Part, subsection (2) shall have effect as if the reference to the Director of Public Prosecutions were a reference to the Director of Public Prosecutions for Northern Ireland.

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