(1)A person (P) commits an offence if—
(a)P is or has been a protected person,
(b)P assumed a new identity in pursuance of arrangements made under section 82(1),
(c)P discloses information which indicates that he assumed, or might have assumed, a new identity, and
(d)P knows or suspects that the information disclosed by him indicates that he assumed, or might have assumed, a new identity.
(2)A person (D) commits an offence if—
(a)D discloses information which relates to a person (P) who is or has been a protected person,
(b)P assumed a new identity in pursuance of arrangements made under section 82(1),
(c)the information disclosed by D indicates that P assumed, or might have assumed, a new identity, and
(d)D knows or suspects—
(i)that P is or has been a protected person, and
(ii)that the information disclosed by D indicates that P assumed, or might have assumed, a new identity.
(3)A person who commits an offence under this section is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;
(b)on summary conviction, to imprisonment for a term not exceeding [F1the general limit in a magistrates’ court], to a fine not exceeding the statutory maximum or to both.
(4)In the application of this section to Scotland or Northern Ireland, the reference in subsection (3)(b) to 12 months is to be read as a reference to 6 months.
Textual Amendments
F1Words in s. 88(3)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
Commencement Information
I1S. 88 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
I2S. 88 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)