Information
I142Wrongful disclosure
1
An offence is committed by a person who contravenes section 41 F1or 41B by disclosing information relating to a person whose identity—
a
is specified in the disclosure, or
b
can be deduced from it.
2
3
It is a defence for a person (P) charged with an offence under this section of disclosing information to prove that P reasonably believed—
a
that the disclosure was lawful, or
b
that the information had already and lawfully been made available to the public.
4
A person guilty of an offence under this section shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
5
The reference in subsection (4)(b) to F512 monthsF5the general limit in a magistrates’ court shall be treated as a reference to six months—
a
in the application of this section to Northern Ireland;
b
in the application of this section to England and Wales, in relation to an offence under this section committed before F32 May 2022;
c
in the application of this section to Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (corresponding provision in Scotland).
6
A prosecution for an offence under this section may be instituted—
a
in England and Wales, only with the consent of the Director of Public Prosecutions;
b
in Northern Ireland, only with the consent of the Director of Public Prosecutions for Northern Ireland.