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Prison Act (Northern Ireland) 1953

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[F134Sections 34A and 34B: classification of articlesF4N.I.

(1)This section defines the categories of articles which are referred to in sections 34A and 34B.

(2)A List A article is any article or substance in the following list (“List A”)—

(a)a controlled drug (as defined for the purposes of the Misuse of Drugs Act 1971 (c. 38));

(b)an explosive;

(c)any firearm or ammunition (as defined in Article 2(2) of the Firearms (Northern Ireland) Order 2004 (NI 3));

(d)any other offensive weapon (as defined in Article 3(10) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)).

(3)A List B article is any article or substance in the following list (“List B”)—

(a)intoxicating liquor (as defined for the purposes of the Licensing (Northern Ireland) Order 1996 (NI 22));

(b)a mobile or satellite telephone;

(c)a camera;

(d)a sound-recording device.

(4)In List B—

  • camera” includes any device by means of which a photograph (as defined in section 34C) can be produced;

  • sound-recording device” includes any device by means of which a sound-recording (as defined in section 34C) can be made.

(5)The reference in paragraph (b), (c) or (d) of list B to a device of any description includes a reference to —

(a)a component part of a device of that description;

(b)an article designed or adapted for use with a device of that description (including any disk, film or other separate article on which images, sounds or information may be recorded).

(6)A List C article is any article or substance prescribed for the purposes of this subsection by prison rules.

(7)The [F2Department] may by order amend this section for the purpose of

(a)adding an entry to List A or List B;

(b)repealing or modifying any entry for the time being included in List A or List B;

(c)adding, repealing or modifying any provision for the interpretation of any such entry.

[F3(8)An order made by the Department under subsection (7) is subject to negative resolution.

(9)Section 1A(1) does not apply to the power to make orders under subsection (7).]]

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