Part V

Offences in relation to Postal Services

Offences of interfering with the mail

Interfering with the mail: postal operators
83
1
A person who is engaged in the business of a postal operator commits an offence if, contrary to his duty and without reasonable excuse, he—
a
intentionally delays or opens a postal packet in the course of its transmission by post, or
b
intentionally opens a mail-bag.
2
Subsection (1) does not apply to the delaying or opening of a postal packet or the opening of a mail-bag under the authority of—
a
this Act or any other enactment (including, in particular, in pursuance of a warrant issued under any other enactment), or
b
any directly applicable Community provision.
3
Subsection (1) does not apply to the delaying or opening of a postal packet in accordance with any terms and conditions applicable to its transmission by post.
4
Subsection (1) does not apply to the delaying of a postal packet as a result of industrial action in contemplation or furtherance of a trade dispute.
5
In subsection (4) “trade dispute” has the meaning given by section 244 of the Trade Union and Labour Relations (Consolidation) Act 1992 or Article 127 of the Trade Union and Labour Relations (Northern Ireland) Order 1995; and the reference to industrial action shall be construed in accordance with that Act or (as the case may be) that Order.
6
A person who commits an offence under subsection (1) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both,
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
1992 c. 52.
S.I. 1995/1980 (N.I.12).