SCHEDULES

C1C2C3C4 SCHEDULE 5Collection of fines F2AND OTHER SUMS IMPOSED ON CONVICTION

Annotations:
Amendments (Textual)
F2

Sch. 5: words in heading inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 5 (with transitional provision in art. 3)

Modifications etc. (not altering text)
C1

Sch. 5 applied (with modifications) (temp. from 23.3.2004 for certain purposes, 29.3.2004 for certain further purposes, 5.4.2004 for all purposes to 31.3.2006) by S.I. 2004/175, arts. 1-3, Sch. (as amended by S.I. 2004/1406, arts. 3, 4; S.I. 2005/487, arts. 4-6; S.I. 2005/642, art. 2; S.I. 2005/2410, art. 2; S.I. 2005/3166, art. 2)

C3

Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)

F3Part 3ADisclosure of information, and meaning of "relevant benefit" etc

Annotations:
Amendments (Textual)
F3

Sch. 5 Pt. 3A heading inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(3), 61(3); S.I. 2013/2981, art. 2(a)

F1Restrictions on disclosure

Annotations:
Amendments (Textual)
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)

9B

1

A person to whom information is disclosed under paragraph F49A, 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 F5, by the relevant court or a fines officer, of such a decision, order or application as is mentioned in paragraph 9A(1B).

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 F6, 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 F7or of a tribunal established by or under an Act or for the purposes of any proceedings before a court; or

b

to disclose F8or 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 F9liable—

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 F12the general limit in a magistrates’ court, or

ii

to a fine not exceeding the statutory maximum, or

iii

to both.

F106

Sub-paragraph (5)(b) applies in relation to offences committed before F112 May 2022 (general limit on power of magistrates' courts to impose imprisonment) as if the reference to F13the 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.