Investigatory Powers Act 2016 (c. 25) – Section 59 – Offence of making unauthorised disclosures

Sections

Section 59Offence of making unauthorised disclosures

(1) A person who fails to comply with section 57(1) commits an offence.

(2) A person who is guilty of an offence under this section is liable—

(a)
on summary conviction in England and Wales—
- (i)
  to imprisonment for a term not exceeding [^F1the general limit in a magistrates’ court] (or 6 months, if the offence was committed before [^F22 May 2022]), or
- (ii)
  to a fine,
or to both;
(b)
on summary conviction in Scotland—
- (i)
  to imprisonment for a term not exceeding 12 months, or
- (ii)
  to a fine not exceeding the statutory maximum,
or to both;
(c)
on summary conviction in Northern Ireland—
- (i)
  to imprisonment for a term not exceeding 6 months, or
- (ii)
  to a fine not exceeding the statutory maximum,
or to both;
(d)
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

(3) In proceedings against any person for an offence under this section in respect of any disclosure, it is a defence for the person to show that the person could not reasonably have been expected, after first becoming aware of the matter disclosed, to take steps to prevent the disclosure.

Amended text

This Section is shown as amended by S.I. 2022/500; S.I. 2023/149 (see the annotations below), as incorporated in the text in force on 7 October 2026 as published on legislation.gov.uk.

Annotations

Textual Amendments

F1 Words in s. 59(2)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
F2 Words in s. 59(2)(a)(i) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

Commencement Information

I1 S. 59 in force at 27.6.2018 by S.I. 2018/652, reg. 8(v)

https://ipa.digiphile.law/article/article-59.html

Text as at 7 October 2026.

This is an unofficial convenience version of the Investigatory Powers Act 2016. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.