(1)A relevant person who, without lawful authority, knowingly or recklessly obtains communications data from a telecommunications operator or a postal operator is guilty of an offence.
(2)In this section “relevant person” means a person who holds an office, rank or position with a relevant public authority (within the meaning of Part 3).
(3)Subsection (1) does not apply to a relevant person who shows that the person acted in the reasonable belief that the person had lawful authority to obtain the communications data.
(4)A person guilty of an offence under this section is liable—
(a)on summary conviction in England and Wales—
(i)to imprisonment for a term not exceeding 12 months (or 6 months, if the offence was committed before the commencement of section 154(1) of the Criminal Justice Act 2003), or
(ii)to a fine,
or to both;
(b)on summary conviction in Scotland—
(i)to imprisonment for a term not exceeding 12 months, or
(ii)to a fine not exceeding the statutory maximum,
or to both;
(c)on summary conviction in Northern Ireland—
(i)to imprisonment for a term not exceeding 6 months, or
(ii)to a fine not exceeding the statutory maximum,
or to both;
(d)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.