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Change 1
As published
58A Eliciting, publishing or communicating information about members of armed forces etc
(1) A person commits an offence who—
(a) elicits or attempts to elicit information about an individual who is or has been—
(i) a member of Her Majesty's forces,
(ii) a member of any of the intelligence services, or
(iii) a constable,
which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or
(b) publishes or communicates any such information.
(2) It is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action.
(3) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 15 years or to a fine, or to both;
(b) on summary conviction—
(i) in England and Wales or Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(ii) in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.
(3A) In subsection (3)(b)(i), in its application to England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court.
(4) In this section “ the intelligence services ” means the Security Service, the Secret Intelligence Service and GCHQ (within the meaning of section 3 of the Intelligence Services Act 1994 (c. 13)).
(5) Schedule 8A to this Act contains supplementary provisions relating to the offence under this section.
Your change, as a redline
58A Eliciting, publishing or communicating information about members of armed forces etc
(1) A person commits an offence who—
(a) elicits or attempts to elicit information about an individual who is or has been—
(i) a member of Her Majesty's forces,
(ii) a member of any of the intelligence services, or
(iii) a constable,
which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or
(b) publishes or communicates any such information.
(2) It is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action.
(3) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 15 years or to a fine, or to both;
(b) on summary conviction—
(i) in England and Wales or Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(ii) in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.
(3A) In subsection (3)(b)(i), in its application to England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court.
(4) In this section “ the intelligence services ” means the Security Service, the Secret Intelligence Service and GCHQ (within the meaning of section 3 of the Intelligence Services Act 1994 (c. 13)).
(5) Schedule 8A to this Act contains supplementary provisions relating to the offence under this section.
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