40ASections 40B and 40C: classification of articles

1

This section defines the categories of articles which are referred to in sections 40B and 40C.

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);

b

an explosive;

c

any firearm or ammunition (as defined in section 57 of the Firearms Act 1968);

d

any other offensive weapon (as defined in section 1(9) of the Police and Criminal Evidence Act 1984).

3

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

a

alcohol (as defined for the purposes of the Licensing Act 2003);

b

a mobile 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 40E) can be produced;

• “sound-recording device” includes any device by means of which a sound-recording (as defined in section 40E) 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; or

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 Secretary of State 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.

40BConveyance etc. of List A articles into or out of prison

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 by the Secretary of State; or

b

in relation to a particular prison, by the Secretary of State or by the governor or director of the prison.

In paragraph (a) “specified” means specified in the authorisation.

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 Secretary of State otherwise than in writing shall be recorded in writing as soon as is reasonably practicable after being given.

5

Authorisation given by the governor or director 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 ten years or to a fine (or both).

40CConveyance etc. of List B or C articles into or out of prison

1

A person who, without authorisation—

a

brings, throws or otherwise conveys a List B article into or out of a prison,

b

causes another person to bring, throw or otherwise convey a List B article into or out of a prison,

c

leaves a List B 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 B article to him,

is guilty of an offence.

2

A person who, without authorisation—

a

brings, throws or otherwise conveys a List C article into a prison intending it to come into the possession of a prisoner,

b

causes another person to bring, throw or otherwise convey a List C article into a prison intending it to come into the possession of a prisoner,

c

brings, throws or otherwise conveys a List C article out of a prison on behalf of a prisoner,

d

causes another person to bring, throw or otherwise convey a List C article out of a prison on behalf of a prisoner,

e

leaves a List C article in any place (whether inside or outside a prison) intending it to come into the possession of a prisoner, or

f

while inside a prison, gives a List C article to a prisoner,

is guilty of an offence.

3

A person who attempts to commit an offence under subsection (2) is guilty of that offence.

4

In proceedings for an offence under this section it is a defence for the accused to show that—

a

he reasonably believed that he had authorisation to do the act in respect of which the proceedings are brought, or

b

in all the circumstances there was an overriding public interest which justified the doing of that act.

5

A person guilty of an offence under subsection (1) is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine (or both);

b

on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).

6

A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

7

In this section “authorisation” means authorisation given for the purposes of this section; and subsections (1) to (3) of section 40E apply in relation to authorisations so given as they apply to authorisations given for the purposes of section 40D.