Part 6Bulk warrants

CHAPTER 3Bulk equipment interference warrants

Restrictions on use or disclosure of material obtained under warrants etc.

I1196Offence of breaching safeguards relating to examination of material

1

A person commits an offence if—

a

the person selects for examination any material obtained under a bulk equipment interference warrant,

b

the person knows or believes that the selection of that material does not comply with a requirement imposed by section 193 or 194, and

c

the person deliberately selects that material in breach of that requirement.

2

A person guilty of an offence under this section is liable—

a

on summary conviction in England and Wales—

i

to imprisonment for a term not exceeding F2the general limit in a magistrates’ court (or 6 months, if the offence was committed before F12 May 2022), or

ii

to a fine,

or to both;

b

on summary conviction in Scotland—

i

to imprisonment for a term not exceeding 12 months, or

ii

to a fine not exceeding the statutory maximum,

or to both;

c

on summary conviction in Northern Ireland—

i

to imprisonment for a term not exceeding 6 months, or

ii

to a fine not exceeding the statutory maximum,

or to both;

d

on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

3

No proceedings for any offence which is an offence by virtue of this section may be instituted—

a

in England and Wales, except by or with the consent of the Director of Public Prosecutions;

b

in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.