Offences
34F1Sections 34A and 34B: classification of articles
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.
F38
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).