Part 1Border functions
Use and disclosure of information
18Offence of wrongful disclosure
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 F3the 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.