Article 20 Confidentiality: contravention
Where a person (the “offender”) who is subject to service law or a civilian subject to service discipline knowingly uses or discloses an object or information recorded in it and the use or disclosure is in contravention of article 19, he shall be guilty of an offence under section 309(1) of the 2006 Act.
If the object concerned is in the offender’s possession, the judge advocate of the court finding him guilty of the offence under paragraph (1) may order that the object shall be forfeited and dealt with in such manner as the judge advocate may order.
The power of the judge advocate under paragraph (2) includes power to order the object to be destroyed or to be given to the Director or to be placed in his custody for such period as the judge advocate may specify.
If—
the judge advocate proposes to make an order under paragraph (2), and
the person found guilty of the offence under paragraph (1), or any other person claiming to have an interest in the object, applies to be heard by the judge advocate,
the judge advocate must not make the order unless the applicant has been given an opportunity to be heard.
If a copy of the object concerned is in the offender’s possession, the judge advocate may order that the copy shall be forfeited and dealt with in such manner as the judge advocate may order.
Paragraphs (3) and (4) apply for the purposes of paragraph (5) as they apply for the purposes of paragraph (2), but as if references to the object were references to the copy.
An object or information shall be inadmissible as evidence in civil proceedings if to adduce it would in the opinion of the court be likely to constitute an offence under paragraph (1); and “the court” here means the court before which the civil proceedings are being taken.