OpenLegislation

Paragraph 5

United Kingdom

(1)

It is a defence for a person charged with an offence under paragraph 4 to prove that the person reasonably believed—

(a)

that the disclosure was lawful, or

(b)

that the information had already and lawfully been made available to the public.

(2)

A person guilty of an offence under paragraph 4 is liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both;

(b)

on summary conviction, to imprisonment for a term not exceeding F112 months the general limit in a magistrates’ court or a fine not exceeding the statutory maximum, or both.

(3)

A prosecution for an offence under paragraph 4 may be instituted in England and Wales F2only by or with the consent of the Director of Public Prosecutions.

(4)

A prosecution for an offence under paragraph 4 may be instituted in Northern Ireland only—

(a)

by the Commissioners, or

(b)

with the consent of the Director of Public Prosecutions for Northern Ireland.

(5)

In the application of this paragraph—

(a)

in England and Wales, in relation to an offence committed before F32 May 2022, or

(b)

in Northern Ireland,

the reference in sub-paragraph (2)(b) to F412 months the general limit in a magistrates’ court is to be read as a reference to 6 months.

Annotations

Textual amendments

F1

Words in Sch. 25 para. 5(2)(b) substituted (E.W.) (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

F2

Words in Sch. 25 para. 5(3) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 75

F3

Words in Sch. 25 para. 5(5)(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

F4

Words in Sch. 25 para. 5(5) substituted (E.W.) (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