[2017.]
Criminal Justice (Offences
Relating to Information Systems) Act 2017.
[No. 11.] S.8
(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.
Liability for offences by body corporate, etc.
9.
(1) Where a relevant offence (other than an offence under this subsection) is committed
for the benefit of a body corporate by a relevant person and the commission of the
relevant offence is attributable to the failure, by a director, manager, secretary or other
officer of the body corporate, or a person purporting to act in that capacity, to
exercise, at the time of the commission of the relevant offence and in all the
circumstances of the case, the requisite degree of supervision or control of the
relevant person, the body corporate shall be guilty of an offence.
(2) In proceedings for an offence under subsection (1), it shall be a defence for a body
corporate against which such proceedings are brought to prove that it took all
reasonable steps and exercised all due diligence to avoid the commission of the
offence.
(3) Where an offence under this Act is committed by a body corporate and it is proved
that the offence was committed with the consent or connivance, or was attributable to
any wilful neglect, of a person who was a director, manager, secretary or other officer
of the body corporate, or a person purporting to act in that capacity, that person shall,
as well as the body corporate, be guilty of an offence and shall be liable to be
proceeded against and punished as if he or she were guilty of the first-mentioned
offence.
(4) Subsection (1)—
(a) is without prejudice to the other circumstances, under the general law, whereby
acts of a natural person are attributed to a body corporate resulting in criminal
liability of that body corporate for those acts, and
(b) does not exclude criminal proceedings against natural persons who are involved
as perpetrators, inciters or accessories in an offence under this Act.
(5) In this section—
7
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