Section 33: Restriction on disclosure of information about financial resources, Legal Aid, Sentencing and Punishment of Offenders Act 2012

A person to whom information is disclosed under section 22 or this subsection may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating a determination in respect of an individual's financial resources that is required under section 21.

A person to whom such information is disclosed must not—

disclose the information other than in accordance with subsection (1), or

use the information other than for the purpose of facilitating a determination described in subsection (1).

Subsection (2) does not prevent—

the disclosure of information in accordance with an enactment or an order of a court,

the disclosure of information for the purposes of the investigation or prosecution of an offence (or suspected offence) under the law of England and Wales or Northern Ireland or any other jurisdiction, except where regulations otherwise provide,

the disclosure of information for the purposes of instituting, or otherwise for the purposes of, proceedings before a court, or

the disclosure of information which has previously been lawfully disclosed to the public.

A person who discloses or uses information in contravention of this section is guilty of an offence and liable—

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

on summary conviction—

in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates' court or a fine not exceeding the statutory maximum (or both), and

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

It is a defence for a person charged with an offence under this section to prove that the person reasonably believed that the disclosure or use was lawful.

In this section "enactment" includes—

an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and

an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation.

In relation to an offence under this section committed before 2 May 2022, the reference in subsection (4)(b)(i) to the general limit in a magistrates' court has effect as if it were a reference to 6 months.

Section 33: Restriction on disclosure of information about financial resources

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