Part 3Other measures to prevent or disrupt serious and other crime

Chapter 1Prevention of fraud

Sharing information with anti-fraud organisations

I170Penalty and prosecution for offence under section 69

1

A person who commits an offence under section 69 is liable—

a

on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

b

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

2

A prosecution for an offence under section 69 may be begun in England and Wales F1only by or with the consent of the Director of Public Prosecutions

3

A prosecution for an offence under section 69 may be begun in Northern Ireland only—

a

in the case of revenue and customs information disclosed by Revenue and Customs—

i

by the Commissioners of Revenue and Customs; or

ii

with the consent of the Director of Public Prosecutions for Northern Ireland; and

b

in any other case, with the consent of the Director of Public Prosecutions for Northern Ireland.

4

If an offence under section 69 committed by a body corporate or a partnership is proved to have been committed with the consent or connivance of—

a

an officer of the body corporate or (as the case may be) a partner or a senior officer of the partnership; or

b

a person who was purporting to act in any such capacity;

he (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

5

In the application of subsection (1)(a) in Northern Ireland, the reference to 12 months is to be read as a reference to 6 months.

F25A

In the application of subsection (1)(a) in England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court subject to paragraph 8 of Schedule 13.

6

In this section—

  • “body corporate” includes a limited liability partnership;

  • “Commissioners of Revenue and Customs”, “Revenue and Customs” and “revenue and customs information” have the same meaning as in section 69;

  • “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;

  • “officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate; and

  • “senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on.