Section III

m.sharman@britishchambers.org.uk m.sharman@britishchambers.org.uk
Thu, 9 Mar 2000 09:33:46 -0000


SNIP

>What happens if I say to the officer who serves me the notice that 
>I refuse to cooperate and that he will have to arrest me?

He will arrest you.

>
>Is my unwillingness to comply "immediately" with the S46 Notice an
>"arrestable offence"? How quickly do I have to comply? 

It is triable either way and thus I think is an arrestable offence but
others here may know better.

SNIP


As far as I am aware the offence of failing to comply with a S46 notice is
not arrestable since it only carries a 2 year maximum sentence on
indictment. An offence is arrestable if the sentence is 5 or more years or
if the Act explicitly states that it is arrestable - and as far as I can see
it does not.  However if the S46 notice contains a gagging order and a the
person breaks the gag then that offence is arrestable since the maximum term
is 5 years.