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Investigatory Powers Act 2016
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Changes over time for: Section 155
Alternative versions:
- 27/06/2018- Amendment
- 01/12/2020- Amendment
- 28/04/2022- Amendment
- 07/02/2023- Amendment
- 07/02/2023
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Investigatory Powers Act 2016, Section 155 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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155Offence of breaching safeguards relating to examination of materialU.K.
This section has no associated Explanatory Notes
(1)A person commits an offence if—
(a)the person selects for examination any intercepted content or secondary data obtained under a bulk interception warrant,
(b)the person knows or believes that the selection of that intercepted content or secondary data for examination does not comply with a requirement imposed by section 152 or 153, and
(c)the person deliberately selects that intercepted content or secondary data for examination in breach of that requirement.
(2)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 [F1the general limit in a magistrates’ court] (or 6 months, if the offence was committed before [F22 May 2022]), 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.
(3)No proceedings for any offence which is an offence by virtue of this section may be instituted—
(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions;
(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Textual Amendments
F1Words in s. 155(2)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
F2Words in s. 155(2)(a)(i) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
Commencement Information
I1S. 155 in force at 27.6.2018 by S.I. 2018/652, reg. 10(a)
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