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Courts Act 2003, Paragraph 9B is up to date with all changes known to be in force on or before 13 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F19B(1)A person to whom information is disclosed under paragraph [F29A], 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 [F5or of a tribunal established by or under an Act] or for the purposes of any proceedings before a court; or
(b)to disclose [F6or 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 [F7liable—
(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 [F8the 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 [F102 May 2022] (general limit on power of magistrates' courts to impose imprisonment) as if the reference to [F11the 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
F1Sch. 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)
F2Word 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)
F3Words 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)
F4Words 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)
F5Words 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)
F6Words 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)
F7Words 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)
F8Words 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
F9Sch. 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)
F10Words 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
F11Words 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
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