SCHEDULES
SCHEDULE 7Information: restrictions on disclosure
Part 5Offences relating to wrongful disclosure of information
I110
1
An NCA officer commits an offence if—
a
the NCA officer discloses information, and
b
that disclosure breaches the duty under—
i
paragraph 2(1) (disclosure of HMRC information, personal customs information or personal revenue customs information), or
ii
paragraph 3(1) (disclosure of social security information).
2
A person commits an offence if—
a
the person further discloses information, and
b
that further disclosure breaches the duty under—
i
paragraph 2(2) (further disclosure of HMRC information, personal customs information or personal revenue customs information), or
ii
paragraph 3(2) (further disclosure of social security information).
3
It is a defence for a person charged with an offence under this paragraph to prove that the person reasonably believed—
a
that the disclosure was lawful, or
b
that the information disclosed had already and lawfully been made available to the public.
4
A prosecution for an offence under this paragraph—
a
may be brought in England and Wales only with the consent of the Director of Public Prosecutions;
b
may be brought in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland.
5
This paragraph is without prejudice to the pursuit of any remedy or the taking of any action in relation to a breach of a relevant duty.
6
A person guilty of an offence under this paragraph is liable on conviction on indictment to either or both of the following—
a
imprisonment for a term not exceeding 2 years;
b
a fine.
7
A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—
a
imprisonment for a term not exceeding—
i
F3the general limit in a magistrates’ court on conviction in England and Wales;
ii
12 months on conviction in Scotland;
iii
6 months on conviction in Northern Ireland;
b
a fine not exceeding the statutory maximum.