Commentary on Sections Permitted disclosure Section 242: Criminal proceedings
614.This section permits disclosure for the purposes of criminal proceedings.
615.Subsection (1) permits a public authority to disclose specified information to any person for the purposes of investigating whether there have been breaches of UK criminal law; assisting in the bringing or conducting of UK criminal proceedings; or deciding whether to commence or terminate such investigations or proceedings. Disclosure is not required to be for the purposes of specified statutory functions – information may be disclosed for the purpose of the enforcement of any enactment by way of criminal proceedings.
616.Subsection (2) provides that information disclosed under this section can only be used for the purpose for which it is disclosed.
617.Subsection (3) provides that a public authority may only make a disclosure under section 242 if it is satisfied that the disclosure is proportionate to what is sought to be achieved by it.