Section 19 Prosecutions and penalities.

United Kingdom

(1)

No proceedings for an offence under this Act shall be instituted—

(a)

in England or Wales except by the Registrar or by or with the consent of the Director of Public Prosecutions;

(b)

in Northern Ireland except by the Registrar or by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(2)

A person guilty of an offence under any provision of this Act other than section 6 or paragraph 12 of Schedule 4 shall be liable—

(a)

on conviction on indictment, to a fine; or

C1(b)

on summary conviction, to a fine not exceeding the statutory maximum F1. . ..

C2(3)

A person guilty of an offence under section 6 above or the said paragraph 12 shall be liable on summary conviction to a fine not exceeding the fifth level on the standard scale . . ..

(4)

Subject to subsection (5) below, the court by or before which a person is convicted of an offence under section 5, 10, 12 or 15 above may order any data material appearing to the court to be connected with the commission of the offence to be forfeited, destroyed or erased.

(5)

The court shall not make an order under subsection (4) above in relation to any material where a person (other than the offender) claiming to be the owner or otherwise interested in it applies to be heard by the court unless an opportunity is given to him to show cause why the order should not be made.

Annotations

Textual amendments

F1: Words in s. 19(2)(b)(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group.2.

Modifications

C1: S. 19(2)(b) amended by S.I. 1984/703 (N.I.3), art. 4(7)(8)
C2: S. 19(3) amended by S.I. 1984/703 (N.I.3), art. 5

Notes on the whole Act

Textual amendments

F1: Act repealed (1.3.2000) by 1998 c. 29, s. 74(2), Sch. 16 Pt. I (with ss. 5(1), 73, Sch. 14 paras. 3-5, 7(2), 8(2), 14-16); S.I. 2000/183, art. 2

Notes on Part II

Modifications

C1: Pt. II (ss. 4–20) restricted by S.I. 1987/1903, 1904, art. 4 and S.I. 1987/1906, art. 2