Paragraph 5
United Kingdom
It is a defence for a person charged with an offence under paragraph 4 to prove that the person reasonably believed—
that the disclosure was lawful, or
that the information had already and lawfully been made available to the public.
A person guilty of an offence under paragraph 4 is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both;
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.
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.
A prosecution for an offence under paragraph 4 may be instituted in Northern Ireland only—
by the Commissioners, or
with the consent of the Director of Public Prosecutions for Northern Ireland.
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