Version Superseded: 01/12/2020
Point in time view as at 17/05/2019. This version of this provision has been superseded.
Investigatory Powers Act 2016, Section 196 is up to date with all changes known to be in force on or before 01 March 2025. 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.
(1)A person commits an offence if—
(a)the person selects for examination any material obtained under a bulk equipment interference warrant,
(b)the person knows or believes that the selection of that material does not comply with a requirement imposed by section 193 or 194, and
(c)the person deliberately selects that material 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 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.
(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.
Commencement Information
I1S. 196 in force at 27.6.2018 by S.I. 2018/652, reg. 10(b)
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