Commentary on Sections Schedule 7: Information: restrictions on disclosure Part 5: Offences relating to wrongful disclosure of information
249.Paragraph 10 covers the offence of wrongful disclosure of information. Sub-paragraph (1) provides that an NCA officer commits an offence by disclosing information in breach of a relevant duty. Sub-paragraph (2) provides that any person commits an offence if they disclose information that breached a relevant duty. Sub-paragraph (3) provides for the defence by a person charged with this offence that the disclosure was either lawful or that the information had already and lawfully been made available to the public. Sub-paragraph (4) covers the consent for a prosecution to be made in England and Wales and Northern Ireland. Sub-paragraph (5) provides that this offence does not prejudice the pursuit of any remedy or action taken in relation to a breach of a relevant duty. Sub-paragraph (6) states that a person guilty of the offence is liable on conviction on indictment to either a prison term not exceeding 2 years or a fine, or both. Sub-paragraph (7) provides that a person guilty of the offence is liable on summary conviction to either a prison term not exceeding 12 months in England and Wales and in Scotland, or 6 months on conviction in Northern Ireland, or a fine not exceeding the statutory maximum, or both. Sub-paragraph (8) provides that the maximum prison term in England and Wales is 6 months for an offence committed before the commencement of section 282 of the Criminal Justice Act 2003.
250.Paragraph 11 provides that consent to a disclosure of information under any provision of Schedule 7 may be given in relation to a particular disclosure or disclosures made in circumstances specified or described in the consent.
251.Paragraph 12 defines the terms “Commissioners” and “PCA 2002” used in this Schedule.