Courts Act 2003

[F1 9B (1) A person to whom information is disclosed under paragraph [F2 9A], 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 [F3 , by the relevant court or a fines officer, of such a decision, order or application as is mentioned in paragraph 9A(1B).] E+W

(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 [F4 , order or application as is mentioned in paragraph 9A(1B)].

(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 [F5 or of a tribunal established by or under an Act] or for the purposes of any proceedings before a court; or

(b) to disclose [F6 or use—

(i) any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or

(ii)] 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 [F7 liable—

(a) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years, or

(ii) to a fine, or

(iii) to both;

(b) on summary conviction—

(i) to imprisonment for a term not exceeding [F8 the general limit in a magistrates’ court], or

(ii) to a fine not exceeding the statutory maximum, or

(iii) to both.]

[F9 (6) Sub-paragraph (5)(b) applies in relation to offences committed before [F10 2 May 2022] (general limit on power of magistrates' courts to impose imprisonment) as if the reference to [F11 the general limit in a magistrates’ court] were a reference to 6 months.

(7) A prosecution for an offence under sub-paragraph (2) may be instituted only by or with the consent of the Director of Public Prosecutions.]]

Textual Amendments

F1 Sch. 5 paras. 9A-9C and cross-headings inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 41, 153; S.I. 2008/2712, art. 2, Sch. para. 6 (subject to arts. 3, 4)

F2 Word in Sch. 5 para. 9B(1) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(6)(a), 61(3); S.I. 2013/2981, art. 2(a)

F3 Words in Sch. 5 para. 9B(1) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(6)(b), 61(3); S.I. 2013/2981, art. 2(a)

F4 Words in Sch. 5 para. 9B(2)(b) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(7), 61(3); S.I. 2013/2981, art. 2(a)

F5 Words in Sch. 5 para. 9B(3)(a) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(8)(a), 61(3); S.I. 2013/2981, art. 2(a)

F6 Words in Sch. 5 para. 9B(3)(b) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(8)(b), 61(3); S.I. 2013/2981, art. 2(a)

F7 Words in Sch. 5 para. 9B(5) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(9), 61(3); S.I. 2013/2981, art. 2(a)

F8 Words in Sch. 5 para. 9B(5)(b)(i) 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 table

F9 Sch. 5 para. 9B(6)(7) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(10), 61(3); S.I. 2013/2981, art. 2(a)

F10 Words in Sch. 5 para. 9B(6) 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

F11 Words in Sch. 5 para. 9B(6) 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 table