UK Borders Act 2007

42 Wrongful disclosure U.K.

(1) An offence is committed by a person who contravenes section 41 [F1 or 41B] by disclosing information relating to a person whose identity—

(a) is specified in the disclosure, or

(b) can be deduced from it.

(2) Subsection (1) does not apply to the disclosure of information about internal administrative arrangements of HMRC or [F2 the CPS ] (whether relating to Commissioners, officers, members of [F2 the CPS] or others).

(3) It is a defence for a person (P) charged with an offence under this section of disclosing information to prove that P reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information had already and lawfully been made available to the public.

(4) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding [F3 12 months] [F3 the general limit in a magistrates’ court], to a fine not exceeding the statutory maximum or to both.

(5) The reference in subsection (4)(b) to [F4 12 months] [F4 the general limit in a magistrates’ court] shall be treated as a reference to six months—

(a) in the application of this section to Northern Ireland;

(b) in the application of this section to England and Wales, in relation to an offence under this section committed before [F5 2 May 2022];

(c) in the application of this section to Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (corresponding provision in Scotland).

(6) A prosecution for an offence under this section may be instituted—

(a) in England and Wales, only with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, only with the consent of the Director of Public Prosecutions for Northern Ireland.

Textual Amendments

F1 Words in s. 42(1) inserted (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 20(2), 58(1) (with s. 36(4))

F2 Words in s. 42(2) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 59

F3 Words in s. 42(4)(b) substituted (E.W) (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

F4 Words in s. 42(5) substituted (E.W.) (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

F5 Words in s. 42(5)(b) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

Commencement Information

I1 S. 42 in force at 31.1.2008 by S.I. 2008/99, art. 2(m)