SCHEDULES
SCHEDULE 3 Criminal Defence Service: right to representation
F1Restrictions on disclosure
7
1
A person to whom information is disclosed under paragraph 6(5), or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making of a decision by the relevant authority about the application of paragraph 3B(1) or (2), or regulations under paragraph 3B(3), in relation to an individual.
2
A person to whom such information is disclosed commits an offence if the person—
a
discloses or uses the information, and
b
the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision as is mentioned in that sub-paragraph.
3
But it is not an offence under sub-paragraph (2)—
a
to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
b
to disclose any information which has previously been lawfully disclosed to the public.
4
It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.
5
A person guilty of an offence under sub-paragraph (2) 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 12 months or a fine not exceeding the statutory maximum or both.
6
In sub-paragraph (5)(b) the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003.
7
Nothing in section 20 applies in relation to the disclosure of information to which sub-paragraph (1) applies.
Sch. 3 paras. 6-8 inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 57(3), 153; S.I. 2008/1586, art. 2, Sch. 1