Part 2

Sentencing

Enforcement of sentences

Disclosure of information for enforcing fines
41
1
Part 3 of Schedule 5 to the Courts Act 2003 (c. 39) (attachment of earnings orders and applications for benefit deductions) is amended as follows.
2
After paragraph 9 insert—

Disclosure of information in connection with application for benefit deductions
9A
1
The designated officer for a magistrates' court may make an information request to the Secretary of State for the purpose of facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.
2
An information request is a request for the disclosure of some or all of the following information—
a
P’s full name;
b
P’s address (or any of P’s addresses);
c
P’s date of birth;
d
P’s national insurance number;
e
P’s benefit status.
3
On receiving an information request, the Secretary of State may disclose the information requested to—
a
the officer who made the request, or
b
a justices' clerk specified in the request.

Restrictions on disclosure
9B
1
A person to whom information is disclosed under paragraph 9A(3), or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.
2
A person to whom such information is disclosed commits an offence if the person—
a
discloses or uses the information, and
b
the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision as is mentioned in that sub-paragraph.
3
But it is not an offence under sub-paragraph (2)—
a
to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
b
to disclose any information which has previously been lawfully disclosed to the public.
4
It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.
5
A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Paragraphs 9A and 9B: supplementary
9C
1
This paragraph applies for the purposes of paragraphs 9A and 9B.
2
“Benefit status”, in relation to P, means whether or not P is in receipt of any prescribed benefit or benefits and, if so (in the case of each benefit)—
a
which benefit it is,
b
where it is already subject to deductions under any enactment, the nature of the deductions concerned, and
c
the amount received by P by way of the benefit, after allowing for any such deductions.
3
“Information” means information held in any form.
4
“Prescribed” means prescribed by regulations made by the Lord Chancellor.
5
Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes the Data Protection Act 1998.