Investigatory Powers Act 2016

134 Offence of making unauthorised disclosure U.K.

(1) A person commits an offence if—

(a) the person discloses any matter in breach of section 132(1), and

(b) the person knew that the disclosure was in breach of that section.

(2) A person who is 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 5 years or to a fine, or to both.

(3) In proceedings against any person for an offence under this section in respect of any disclosure, it is a defence for the person to show that the person could not reasonably have been expected, after first becoming aware of the matter disclosed, to take steps to prevent the disclosure.

Commencement Information

I1 S. 134 in force at 27.6.2018 by S.I. 2018/652, reg. 9(t)