CRIMINAL INVESTIGATION (COVERT OPERATIONS) ACT 2009 - SECT 25

CRIMINAL INVESTIGATION (COVERT OPERATIONS) ACT 2009 - SECT 25

25—Misuse of assumed identity

        (1)         An authorised officer is guilty of an offence if—

            (a)         he or she intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by his or her authority; and

            (b)         he or she knows that, or is reckless as to whether, the acquisition or use is not—

                  (i)         in accordance with his or her authority; or

                  (ii)         in the course of duty.

Maximum penalty: Imprisonment for 2 years.

        (2)         An authorised civilian is guilty of an offence if—

            (a)         he or she intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by his or her authority; and

            (b)         he or she knows that, or is reckless as to whether, the acquisition or use is not in accordance with—

                  (i)         his or her authority; or

                  (ii)         the directions of his or her supervisor under the authority.

Maximum penalty: Imprisonment for 2 years.