173Offence of breaching safeguards relating to examination of dataU.K.
(1)A person commits an offence if—
(a)the person selects for examination any communications data obtained under a bulk acquisition warrant,
(b)the person knows or believes that the selection of that data for examination does not comply with a requirement imposed by section 172, and
(c)the person deliberately selects that 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 12 months (or 6 months, if the offence was committed before the commencement of [F1paragraph 24(2) of Schedule 22 to the Sentencing Act 2020]), 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. 173(2)(a)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 443(1) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Commencement Information
I1S. 173 in force at 22.8.2018 by S.I. 2018/873, reg. 3(b) (with reg. 7)