SCHEDULES
SCHEDULE 16Dealing non-custodially with offenders
Part 7Information to enable a court to deal with an offender
Offence where information wrongly used or disclosed
I130
1
It is an offence for a person to disclose or use information in contravention of paragraph 29(5).
2
It is a defence for a person charged with an offence under sub-paragraph (1) to prove that the person reasonably believed that the disclosure or use concerned was lawful.
3
A person guilty of an offence under sub-paragraph (1) is liable—
a
on conviction on indictment—
i
to imprisonment for a term not exceeding 2 years, or
ii
to a fine, or
iii
to both;
b
on summary conviction—
i
to imprisonment for a period not exceeding 12 months F3or the general limit in a magistrates’ court, or
ii
to a fine not exceeding the statutory maximum, or
iii
to both.
4
Sub-paragraph (3)(b) applies—
a
in England and Wales in relation to offences committed before F12 May 2022, and
b
in Northern Ireland,
as if the reference to 12 months F2or the general limit in a magistrates’ court were a reference to 6 months.
5
A prosecution for an offence under sub-paragraph (1)—
a
may be instituted in England and Wales only by or with the consent of the Director of Public Prosecutions, and
b
may be instituted in Northern Ireland only by or with the consent of the Director of Public Prosecutions for Northern Ireland.