Part VI Miscellaneous

Terrorist offences

F158AEliciting, publishing or communicating information about members of armed forces etc

(1)

A person commits an offence who—

(a)

elicits or attempts to elicit information about an individual who is or has been—

(i)

a member of Her Majesty's forces,

(ii)

a member of any of the intelligence services, or

(iii)

a constable,

which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or

(b)

publishes or communicates any such information.

(2)

It is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action.

(3)

A person guilty of an offence under this section is liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding F215 years or to a fine, or to both;

(b)

on summary conviction—

(i)

in England and Wales or Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(ii)

in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.

F3(3A)

In subsection (3)(b)(i), in its application to England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court.

(4)

In this section “ the intelligence services ” means the Security Service, the Secret Intelligence Service and GCHQ (within the meaning of section 3 of the Intelligence Services Act 1994 (c. 13)).

(5)

Schedule 8A to this Act contains supplementary provisions relating to the offence under this section.