SCHEDULES
SCHEDULE 3DISCLOSURE OF INFORMATION: VICTIM AND WITNESS SUPPORT SERVICES AND VICTIM INFORMATION SCHEMES
Unauthorised disclosure of information
4
1
If a person to whom this paragraph applies discloses without lawful authority any information—
a
acquired in the course of that person's employment,
b
which is, or is derived from, information provided under this Schedule, and
c
which relates to a particular person,
that person is guilty of an offence.
2
This paragraph applies to any person who is—
a
employed in a body prescribed under paragraph 1 or 2 or in the provision of services to such a body;
b
employed in the Department or in the provision of services to the Department; or
c
employed by the Board or in the provision of services to the Board.
3
It is not an offence under this paragraph to disclose information which has previously been disclosed to the public with lawful authority.
4
It is a defence for a person charged with an offence under this paragraph to show that at the time of the alleged offence—
a
that person believed that the disclosure in question was made with lawful authority and had no reasonable cause to believe otherwise; or
b
that person believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
5
A person who is guilty of an offence under this paragraph is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
6
For the purposes of this paragraph a disclosure of information by a person is to be regarded as made with lawful authority if, and only if, it is made—
a
in the course of and for the purposes of that person's employment in a prescribed body;
b
in accordance with that person's official duty as a civil servant or as an employee of the Board;
c
in accordance with an authorisation given by the Department, the Board or the prescribed body;
d
in accordance with any statutory provision or order of a court;
e
for the purposes of any criminal proceedings; or
f
with the consent of the person to whom the information relates.
7
In this paragraph “employment”—
a
includes employment as a volunteer; and
b
in relation to a particular person, shall be construed in accordance with sub-paragraph (2).