(1) A public officer who, with intent to dishonestly gain a benefit for the
officer or another person or to dishonestly cause a detriment to another
person—
(c) without limiting
paragraphs (a) and (b), does an act or makes an omission in abuse of the
authority of office;
is guilty of a crime.
Penalty—
Maximum penalty—7
years imprisonment.
(2) A person who ceases to be a public officer in a
particular capacity is guilty of a crime if, with intent to dishonestly gain a
benefit for the person or another person or to dishonestly cause a detriment
to another person, the person deals withinformation gained because of the
capacity.
Penalty—
Maximum penalty—7 years imprisonment.
(3)
Subsection (2) applies whether or not the person continues to be a public
officer in some other capacity.
(4) A reference in subsections (1) and (2) to
information gained because of office or a particular capacity includes
information gained because of an opportunity provided by the office or
capacity.
(4A) The Penalties and Sentences Act 1992, section 161Q states a
circumstance of aggravation for an offence against this section.
(4B) An
indictment charging an offence against this section with the circumstance of
aggravation stated in the Penalties and Sentences Act 1992, section 161Q may
not be presented without the consent of a Crown Law Officer.
(5) In this
section—
"authority" , of office, includes the trust imposed by office and the
influence relating to office.
"deals with" includes the following—
(a) uses;
(b) supplies;
(c) copies;
(d) publishes.
"function" includes power.
"information" includes knowledge.
"office" , in relation to a person who is a public officer, means the
position, role or circumstance that makes the person a public officer.
"performs" includes purportedly performs and in relation to a power, exercises
and purportedly exercises.
