(1)A person commits an offence who—
(a)elicits or attempts to elicit information about an individual who is or has been—
(i)a member of Her Majesty's forces,
(ii)a member of any of the intelligence services, or
(iii)a constable,
which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or
(b)publishes or communicates any such information.
(2)It is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action.
(3)A person guilty of an offence under this section is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding [F215 years] or to a fine, or to both;
(b)on summary conviction—
(i)in England and Wales or Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(ii)in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.
[F3(3A)In subsection (3)(b)(i), in its application to England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court.]
(4) In this section “ the intelligence services ” means the Security Service, the Secret Intelligence Service and GCHQ (within the meaning of section 3 of the Intelligence Services Act 1994 (c. 13)).
(5)Schedule 8A to this Act contains supplementary provisions relating to the offence under this section.]
Textual Amendments
F1S. 58A inserted (16.2.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 76(1)(2), 100(5) (with s. 101(2)); S.I. 2009/58, art. 2(d)
F2Words in s. 58A(3)(a) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 7(4), 27(3) (with s. 25(2))
F3S. 58A(3A) inserted (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), 9(2)