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).