Criminal Justice (Offences Relating to Information Systems) Act 2017
Penalties | ||
8. (1) A person who commits an offence under section 2 , 4 , 5 , 6 or 9 (1) shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or | ||
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both. | ||
(2) A person who commits an offence under section 3 shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or | ||
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years or both. | ||
(3) A person who commits an offence under section 7 (7) shall be liable on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both. | ||
(4) (a) Where a court is determining the sentence to be imposed on a person for an offence under section 3 or 4 , the fact that the commission of the offence involved misusing the personal data of another person (“rightful identity owner”) with the aim of gaining the trust of a third party, thereby causing prejudice to the rightful identity owner, shall be treated as an aggravating factor for the purpose of determining the sentence. | ||
(b) Accordingly, the court shall (except when the court considers that there are exceptional circumstances justifying it not doing so) impose a sentence that is greater than that which would have been imposed in the absence of such a factor. | ||
(c) The sentence imposed shall not be greater than the maximum sentence permissible under this section for the offence concerned under section 3 or 4 . |