Proceeds of Crime Act 2002, section 333A

Tipping off: regulated sector

Part 7 Money Laundering

(1)A person commits an offence if—

(a)the person discloses any matter within subsection (2);

(b)the disclosure is likely to prejudice any investigation that might be conducted following the disclosure referred to in that subsection; and

(c)the information on which the disclosure is based came to the person in the course of a business in the regulated sector.

(2)The matters are that the person or another person has made a disclosure under this Part—

(a)to a constable,

(b)to an officer of Revenue and Customs,

(c)to a nominated officer, or

(d)to a [F1171 National Crime Agency officerF1171] authorised for the purposes of this Part by the Director General of that Agency,

of information that came to that person in the course of a business in the regulated sector.

(3)A person commits an offence if—

(a)the person discloses that an investigation into allegations that an offence under this Part has been committed is being contemplated or is being carried out;

(b)the disclosure is likely to prejudice that investigation; and

(c)the information on which the disclosure is based came to the person in the course of a business in the regulated sector.

(4)A person guilty of an offence under this section is liable—

(a)on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 5 on the standard scale, or to both;

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

(5)This section is subject to—

(a) section 333B (disclosures within an undertaking or group etc),

(b) section 333C (other permitted disclosures between institutions etc), and

(c) section 333D (other permitted disclosures etc).

Cases considering section 333A 6

R v William Osmond

[2026] EWCA Crim 979 · 28 July 2026Interprets

Section 333A(3) was interpreted to permit a specific investigation within a wider known investigation to be the subject of disclosure. The information condition turns on the defendant’s regulated-sector capacity, not its source, and actual prejudice need not be proved (see paras [11]-[12]; [44]-[56]).

The National Crime Agency v N & Anor (Rev 1)

[2017] EWCA Civ 253 · 7 April 2017Limits

The section’s tipping-off offences restricted disclosure of information likely to prejudice an investigation and affected the evidence a bank could provide on an urgent interim application. (see paras [23]; [63]–[64]) The subsection criminalises a regulated-sector disclosure that a Part 7 disclosure has occurred where it is likely to prejudice an investigation and the required mental element exists. (see para [23]) The subsection addresses regulated-sector disclosure that a Part 8 investigation is under way or contemplated where disclosure is likely to prejudice it and the required mental element exists. (see para [23])

The Wine Enterprise Investment Scheme Limited (In Liquidation) v Crowe UK LLP

[2026] EWHC 692 (Ch) · 27 March 2026Limits

Applies the tipping-off restriction. Once a suspicious activity report had been made, the auditor would have been severely constrained in revealing information likely to prejudice an investigation, including to shareholders. (see paras [411]-[419])

What each judgment says about section 333A is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F1170Ss. 333A-333E inserted (26.12.2007) by Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007 (S.I. 2007/3398), reg. 1(2), Sch. 2 para. 4
  2. F1171Words in s. 333A(2)(d) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 132; S.I. 2013/1682, art. 3(v)