[F134AConveyance etc. of List A articles into or out of prisonN.I.
(1)A person who, without authorisation—
(a)brings, throws or otherwise conveys a List A article into or out of a prison,
(b)causes another person to bring, throw or otherwise convey a List A article into or out of a prison,
(c)leaves a List A article in any place (whether inside or outside a prison) intending it to come into the possession of a prisoner, or
(d)knowing a person to be a prisoner, gives a List A article to him,
is guilty of an offence.
(2)In this section “authorisation” means authorisation given for the purposes of this section—
(a)in relation to all prisons or prisons of a specified description, by prison rules or the [F2Department]; or
(b)in relation to a particular prison, by the [F2Department] or by the governor of the prison.
(3)Authorisation may be given to specified persons or persons of a specified description—
(a)in relation to specified articles or articles of a specified description;
(b)in relation to specified acts or acts of a specified description; or
(c)on such other terms as may be specified.
In this subsection “specified” means specified in the authorisation.
(4)Authorisation given by the [F2Department] otherwise than in writing shall be recorded in writing as soon as is reasonably practicable after being given.
(5)Authorisation given by the governor of a prison shall—
(a)be given in writing; and
(b)specify the purpose for which it is given.
(6)A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine (or both)]
F1Ss. 34, 34A, 34B substituted (19.12.2008) for ss. 34, 35 by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 77; S.R. 2008/472, art. 2(2), Sch. Pt. II
F2Word in s. 34A substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(1), Sch. 4 para. 2(5) (with arts. 28-31); S.I. 2010/977, art. 1(2)