Borders, Citizenship and Immigration Act 2009, Section 18 is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)A person commits an offence if the person breaches section 15(1) or (2) or 17(1).
(2)It is a defence for a person charged with an offence under this section 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.
(3)A prosecution for an offence under this section—
(a)may be brought in England and Wales only with the consent of the Director of Public Prosecutions F1...;
(b)may be brought in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland.
(4)This section is without prejudice to the pursuit of any remedy or the taking of any action in relation to a breach of section 15(1) or (2) or 17(1) (whether or not this section applies to the breach).
(5)A person guilty of an offence under this section is liable—
(a)on conviction on indictment to imprisonment for a term not exceeding 2 years, or to a fine, or to both;
(b)on summary conviction—
(i)in England and Wales, to imprisonment for a term not exceeding [F2the general limit in a magistrates’ court], or to a fine not exceeding the statutory maximum, or to both;
(ii)in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;
(iii)in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.
(6)In relation to an offence under this section committed before [F32 May 2022], the reference in subsection (5)(b)(i) to [F4the general limit in a magistrates’ court] has effect as if it were a reference to 6 months.
Textual Amendments
F1Words in s. 18(3)(a) omitted (27.3.2014) by virtue of 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. 67
F2Words in s. 18(5)(b)(i) substituted (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
F3Words in s. 18(6) 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
F4Words in s. 18(6) substituted (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
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