17. - (1) If the accused is given or allowed to inspect a document or
other object under-
(a) section 3, 4, 7, 9, 14 or 15, or
(b) an order under section 8,
then, subject to subsections
(2) to (4), he must not use or disclose it or any information recorded in it.
(2) The accused may use or disclose the
object or information-
(a) in connection with the proceedings for whose purposes he was given the object or allowed to inspect it,
(b) with a view to the taking of further criminal proceedings (for instance, by way of appeal) with regard to the matter giving rise to the proceedings mentioned in paragraph (a), or
(c) in connection with the proceedings first mentioned in paragraph (b).
(3) The accused may use or
disclose-
(a) the object to the extent that it has been displayed to the public in open court, or
(b) the information to the extent that it has been communicated to the public in open court;
but the preceding provisions
of this subsection do not apply if the object is displayed or the information
is communicated in proceedings to deal with a contempt of court under section
18.
(4) If-
(a) the accused applies to the court for an order granting permission to use or disclose the object or information, and
(b) the court makes such an order,
the accused may use or
disclose the object or information for the purpose and to the extent specified
by the court.
(5) An application under subsection (4)
may be made and dealt with at any time, and in
particular after the accused has been acquitted or convicted or the prosecutor
has decided not to proceed with the case concerned; but this is subject to
rules made by virtue of section 19(2).
(6) Where-
(a) an application is made under subsection (4), and
(b) the prosecutor or a person claiming to have an interest in the object or information applies to be heard by the court,
the court must not make an
order granting permission unless the person applying under paragraph (b) has
been given an opportunity to be heard.
(7) References in this section to the
court are to-
(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).
(8) Nothing in this section
affects any other restriction or prohibition on the use or disclosure of an
object or information, whether the restriction or prohibition arises under an
enactment (whenever passed) or otherwise.
Confidentiality: contravention. 18. - (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.