5(1)It is a defence for a person charged with an offence under paragraph 4 to prove that the person reasonably believed—U.K.
(a)that the disclosure was lawful, or
(b)that the information had already and lawfully been made available to the public.
(2)A person guilty of an offence under paragraph 4 is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both;
(b)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or both.
(3)A prosecution for an offence under paragraph 4 may be instituted in England and Wales [F1only by or with the consent of the Director of Public Prosecutions.]
(4)A prosecution for an offence under paragraph 4 may be instituted in Northern Ireland only—
(a)by the Commissioners, or
(b)with the consent of the Director of Public Prosecutions for Northern Ireland.
(5)In the application of this paragraph—
(a)in England and Wales, in relation to an offence committed before the commencement of [F2paragraph 24(2) of Schedule 22 to the Sentencing Act 2020], or
(b)in Northern Ireland,
the reference in sub-paragraph (2)(b) to 12 months is to be read as a reference to 6 months.
Textual Amendments
F1Words in Sch. 25 para. 5(3) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 75
F2Words in Sch. 25 para. 5(5)(a) 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