PART 4Trade information

I115Offence relating to disclosure under section 14

1

If a person discloses information in contravention of section 14 which relates to a person whose identity—

a

is specified in the disclosure, or

b

can be deduced from it,

the person who disclosed the information commits an offence.

2

It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—

a

that the disclosure was lawful, or

b

that the information had already lawfully been made available to the public.

3

A prosecution for an offence under this section—

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.

4

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

a

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

b

on summary conviction—

i

in England and Wales, to imprisonment for a term not exceeding F2the general limit in a magistrates’ court, to a fine or to both;

ii

in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;

iii

in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.

5

In relation to an offence committed before F12 May 2022, the reference in subsection (4)(b)(i) to F3the general limit in a magistrates’ court is to be read as a reference to 6 months.