Office of Public Sector Information

18 Confidentiality: contravention

(1) It is a contempt of court for a person knowingly to use or disclose an object or information recorded in it if the use or disclosure is in contravention of section 17.

(2) The following courts have jurisdiction to deal with a person who is guilty of a contempt under this section—

(a) a magistrates' court, where this Part applies by virtue of section 1(1);

(b) the Crown Court, where this Part applies by virtue of section 1(2).

(3) A person who is guilty of a contempt under this section may be dealt with as follows—

(a) a magistrates' court may commit him to custody for a specified period not exceeding six months or impose on him a fine not exceeding £5,000 or both;

(b) the Crown Court may commit him to custody for a specified period not exceeding two years or impose a fine on him or both.

(4) If—

(a) a person is guilty of a contempt under this section, and

(b) the object concerned is in his possession,

the court finding him guilty may order that the object shall be forfeited and dealt with in such manner as the court may order.

(5) The power of the court under subsection (4) includes power to order the object to be destroyed or to be given to the prosecutor or to be placed in his custody for such period as the court may specify.

(6) If—

(a) the court proposes to make an order under subsection (4), and

(b) the person found guilty, or any other person claiming to have an interest in the object, applies to be heard by the court,

the court must not make the order unless the applicant has been given an opportunity to be heard.

(7) If—

(a) a person is guilty of a contempt under this section, and

(b) a copy of the object concerned is in his possession,

the court finding him guilty may order that the copy shall be forfeited and dealt with in such manner as the court may order.

(8) Subsections (5) and (6) apply for the purposes of subsection (7) as they apply for the purposes of subsection (4), but as if references to the object were references to the copy.

(9) An object or information shall be inadmissible as evidence in civil proceedings if to adduce it would in the opinion of the court be likely to constitute a contempt under this section; and “the court” here means the court before which the civil proceedings are being taken.

(10) The powers of a magistrates' court under this section may be exercised either of the court’s own motion or by order on complaint.

Other provisions

19 Rules of court

(1) Without prejudice to the generality of subsection (1) of—

(a) section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 (magistrates' court rules), and

(b) section 84 of the [1981 c. 54.] Supreme Court Act 1981 (rules of court),

the power to make rules under each of those sections includes power to make provision mentioned in subsection (2).

(2) The provision is provision as to the practice and procedure to be followed in relation to—

(a) proceedings to deal with a contempt of court under section 18;

(b) an application under section 3(6), 7(5), 8(2) or (5), 9(8), 14(2) , 15(4), 16(b), 17(4) or (6)(b) or 18(6);

(c) an application under regulations made under section 12;

(d) an order under section 3(6), 7(5), 8(2) or (5), 9(8), 14(3), 17(4) or 18(4) or (7);

(e) an order under section 15(5) (whether or not an application is made under section 15(4));

(f) an order under regulations made under section 12.

(3) Rules made under section 144 of the Magistrates' Courts Act 1980 by virtue of subsection (2)(a) above may contain or include provision equivalent to Schedule 3 to the [1981 c. 49.] Contempt of Court Act 1981 (proceedings for disobeying magistrates' court order) with any modifications which the Lord Chancellor considers appropriate on the advice of or after consultation with the rule committee for magistrates' courts.

(4) Rules made by virtue of subsection (2)(b) in relation to an application under section 17(4) may include provision—

(a) that an application to a magistrates' court must be made to a particular magistrates' court;

(b) that an application to the Crown Court must be made to the Crown Court sitting at a particular place;

(c) requiring persons to be notified of an application.

(5) Rules made by virtue of this section may make different provision for different cases or classes of case.

20 Other statutory rules as to disclosure

(1) A duty under any of the disclosure provisions shall not affect or be affected by any duty arising under any other enactment with regard to material to be provided to or by the accused or a person representing him; but this is subject to subsection (2).

(2) In making an order under section 9 of the [1987 c. 38.] Criminal Justice Act 1987 or section 31 of this Act (preparatory hearings) the judge may take account of anything which—

(a) has been done,

(b) has been required to be done, or

(c) will be required to be done,

in pursuance of any of the disclosure provisions.

(3) Without prejudice to the generality of section 144(1) of the [1980 c. 43.] Magistrates' Courts Act 1980 (magistrates' court rules) the power to make rules under that section includes power to make, with regard to any proceedings before a magistrates' court which relate to an alleged offence, provision for—

(a) requiring any party to the proceedings to disclose to the other party or parties any expert evidence which he proposes to adduce in the proceedings;

(b) prohibiting a party who fails to comply in respect of any evidence with any requirement imposed by virtue of paragraph (a) from adducing that evidence without the leave of the court.

(4) Rules made by virtue of subsection (3)—

(a) may specify the kinds of expert evidence to which they apply;

(b) may exempt facts or matters of any description specified in the rules.

(5) For the purposes of this section—

(a) the disclosure provisions are sections 3 to 9;

(b) “enactment” includes an enactment comprised in subordinate legislation (which here has the same meaning as in the [1978 c. 30.] Interpretation Act 1978).

21 Common law rules as to disclosure

(1) Where this Part applies as regards things falling to be done after the relevant time in relation to an alleged offence, the rules of common law which—

(a) were effective immediately before the appointed day, and

(b) relate to the disclosure of material by the prosecutor,

do not apply as regards things falling to be done after that time in relation to the alleged offence.

(2) Subsection (1) does not affect the rules of common law as to whether disclosure is in the public interest.

(3) References in subsection (1) to the relevant time are to the time when—

(a) the accused pleads not guilty (where this Part applies by virtue of section 1(1)),

(b) the accused is committed for trial (where this Part applies by virtue of section 1(2)(a))

(c) the proceedings are transferred (where this Part applies by virtue of section 1(2)(b) or (c)),

(d) the count is included in the indictment (where this Part applies by virtue of section 1(2)(d)), or

(e) the bill of indictment is preferred (where this Part applies by virtue of section 1(2)(e)).

(4) The reference in subsection (1) to the appointed day is to the day appointed under section 1(5).