Paragraph 30 I1

England and Wales

(1)

It is an offence for a person to disclose or use information in contravention of paragraph 29(5).

(2)

It is a defence for a person charged with an offence under sub-paragraph (1) to prove that the person reasonably believed that the disclosure or use concerned was lawful.

(3)

A person guilty of an offence under sub-paragraph (1) is liable—

(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 period not exceeding 12 months F1or the general limit in a magistrates’ court, or

(ii)

to a fine not exceeding the statutory maximum, or

(iii)

to both.

(4)

Sub-paragraph (3)(b) applies—

(a)

in England and Wales in relation to offences committed before F22 May 2022, and

(b)

in Northern Ireland,

as if the reference to 12 months F3or the general limit in a magistrates’ court were a reference to 6 months.

(5)

A prosecution for an offence under sub-paragraph (1)—

(a)

may be instituted in England and Wales only by or with the consent of the Director of Public Prosecutions, and

(b)

may be instituted in Northern Ireland only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Annotations

Textual amendments

F1: Words in Sch. 16 para. 30(3)(b)(i) inserted (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), 27(4)
F2: Words in Sch. 16 para. 30(4)(a) 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
F3: Words in Sch. 16 para. 30(4) inserted (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), 27(4)

Commencement

I1: Sch. 16 para. 30 in force at 11.12.2013 by S.I. 2013/2981, art. 2(d)