OpenLegislation

Paragraph 9B F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person to whom information is disclosed under paragraph F29A, or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making F3, by the relevant court or a fines officer, of such a decision, order or application as is mentioned in paragraph 9A(1B).

(2)

A person to whom such information is disclosed commits an offence if the person—

(a)

discloses or uses the information, and

(b)

the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision F4, order or application as is mentioned in paragraph 9A(1B).

(3)

But it is not an offence under sub-paragraph (2)—

(a)

to disclose any information in accordance with any enactment or order of a court F5or of a tribunal established by or under an Act or for the purposes of any proceedings before a court; or

(b)

to disclose F6or use—

(i)

any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or

(ii)

any information which has previously been lawfully disclosed to the public.

(4)

It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.

(5)

A person guilty of an offence under sub-paragraph (2) is F7liable—

(a)

on conviction on indictment—

(i)

to imprisonment for a term not exceeding 2 years, or

(ii)

to a fine, or

(iii)

to both;

(b)

on summary conviction—

(i)

to imprisonment for a term not exceeding F8the general limit in a magistrates’ court, or

(ii)

to a fine not exceeding the statutory maximum, or

(iii)

to both.

(F96)

Sub-paragraph (5)(b) applies in relation to offences committed before F102 May 2022 (general limit on power of magistrates' courts to impose imprisonment) as if the reference to F11the general limit in a magistrates’ court were a reference to 6 months.

(7)

A prosecution for an offence under sub-paragraph (2) may be instituted only by or with the consent of the Director of Public Prosecutions.

Annotations

Textual amendments

F1

Sch. 5 paras. 9A-9C and cross-headings inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 41, 153; S.I. 2008/2712, art. 2, Sch. para. 6 (subject to arts. 3, 4)

F2

Word in Sch. 5 para. 9B(1) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(6)(a), 61(3); S.I. 2013/2981, art. 2(a)

F3

Words in Sch. 5 para. 9B(1) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(6)(b), 61(3); S.I. 2013/2981, art. 2(a)

F4

Words in Sch. 5 para. 9B(2)(b) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(7), 61(3); S.I. 2013/2981, art. 2(a)

F5

Words in Sch. 5 para. 9B(3)(a) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(8)(a), 61(3); S.I. 2013/2981, art. 2(a)

F6

Words in Sch. 5 para. 9B(3)(b) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(8)(b), 61(3); S.I. 2013/2981, art. 2(a)

F7

Words in Sch. 5 para. 9B(5) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(9), 61(3); S.I. 2013/2981, art. 2(a)

F8

Words in Sch. 5 para. 9B(5)(b)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

F9

Sch. 5 para. 9B(6)(7) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(10), 61(3); S.I. 2013/2981, art. 2(a)

F10

Words in Sch. 5 para. 9B(6) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

F11

Words in Sch. 5 para. 9B(6) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

Notes on Schedule 5

Textual amendments

F1

Sch. 5: words in heading inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 5 (with transitional provision in art. 3)

Modifications

C1

Sch. 5 applied (with modifications) (temp. from 23.3.2004 for certain purposes, 29.3.2004 for certain further purposes, 5.4.2004 for all purposes to 31.3.2006) by S.I. 2004/175, arts. 1-3, Sch. (as amended by S.I. 2004/1406, arts. 3, 4; S.I. 2005/487, arts. 4-6; S.I. 2005/642, art. 2; S.I. 2005/2410, art. 2; S.I. 2005/3166, art. 2)

C2

Sch. 5 modified (temp. from 27.3.2006 to 2.7.2006) by The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006 (S.I. 2006/502), arts. 1(1)(b)(2), 5 (with transitional provision in art. 4)

C3

Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)

C4

Sch. 5 applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85(7)(b), 153; S.I. 2009/2606, art. 2(f)

Notes on Part 3A

Textual amendments

F1

Sch. 5 Pt. 3A heading inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(3), 61(3); S.I. 2013/2981, art. 2(a)