Search Legislation

Serious Crime Act 2007

Section 70: Penalty and prosecution for offence under section 69

236.Subsection (1) provides that the maximum penalty for a person found guilty of the offence under section 69 is (a) on conviction on indictment, two years’ imprisonment, a fine, or both; or (b) on summary conviction, 12 months, a fine not exceeding the statutory maximum, or both. Under the transitional provision in paragraph 7 of Schedule 13, the period of 12 months is reduced to 6 months pending commencement in England and Wales and Scotland of provisions referred to in that paragraph. Subsection (2) provides that in England and Wales prosecutions for such an offence may only be begun with the consent of the Director of Public Prosecutors or, in the case of revenue and customs information disclosed by Revenue and Customs, by the Director of Revenue and Customs Prosecutions (established by section 34 of the Commissioners for Revenue and Customs Act 2005). Subsection (3) makes provision for prosecutions in Northern Ireland which are similar to those in England and Wales. Subsection (4) extends liability to certain officers of a body corporate and partners and senior officers of a partnership where the offence in section 69 is committed by a body corporate or a partnership (as the case may be). Subsection (5) reduces the maximum penalty for summary conviction of the offence in Northern Ireland from 12 months to 6 months. Subsection (6) defines terms used in the section.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources