Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, Section 41 is up to date with all changes known to be in force on or before 03 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 41:
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Part 2Sentencing
Enforcement of sentences
41Disclosure of information for enforcing fines
(1)
Part 3 of Schedule 5 to the Courts Act 2003 (c. 39)
(attachment of earnings orders and applications for benefit deductions) is amended as follows.
(2)
“9ADisclosure of information in connection with application for benefit deductions
(1)
The designated officer for a magistrates’ court may make an information request to the Secretary of State for the purpose of facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.
(2)
An information request is a request for the disclosure of some or all of the following information—
(a)
P’s full name;
(b)
P’s address (or any of P’s addresses);
(c)
P’s date of birth;
(d)
P’s national insurance number;
(e)
P’s benefit status.
(3)
On receiving an information request, the Secretary of State may disclose the information requested to—
(a)
the officer who made the request, or
(b)
a justices’ clerk specified in the request.
9BRestrictions on disclosure
(1)
A person to whom information is disclosed under paragraph 9A(3), or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.
(2)
A person to whom such information is disclosed commits an offence if the person—
(a)
discloses or uses the information, and
(b)
the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision as is mentioned in that sub-paragraph.
(3)
But it is not an offence under sub-paragraph (2)—
(a)
to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
(b)
to disclose any information which has previously been lawfully disclosed to the public.
(4)
It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.
(5)
A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
9CParagraphs 9A and 9B: supplementary
(1)
This paragraph applies for the purposes of paragraphs 9A and 9B.
(2)
“Benefit status”, in relation to P, means whether or not P is in receipt of any prescribed benefit or benefits and, if so (in the case of each benefit)—
(a)
which benefit it is,
(b)
where it is already subject to deductions under any enactment, the nature of the deductions concerned, and
(c)
the amount received by P by way of the benefit, after allowing for any such deductions.
(3)
“Information” means information held in any form.
(4)
“Prescribed” means prescribed by regulations made by the Lord Chancellor.
(5)
Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes the Data Protection Act 1998.”