Part 2

Prisons

Offences relating to prison security

Conveyance of prohibited articles into or out of prison
22
1
For section 40 of the Prison Act 1952 there is substituted—

Sections 40B and 40C: classification of articles
40A
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.

Conveyance etc. of List A articles into or out of prison
40B
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).

Conveyance etc. of List B or C articles into or out of prison
40C
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.
2
In section 52 of the Prison Act 1952 (c. 52)
(exercise of powers to make orders etc)—
a
in subsection (1) for “or section thirty-seven” there is substituted “ , 37 or 40A ”; and
b
after subsection (2) there is inserted—
2A
A statutory instrument containing an order under section 40A(7) which relates to List A (whether or not it also relates to List B) shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
2B
A statutory instrument containing an order under section 40A(7) which relates only to List B is subject to annulment in pursuance of a resolution of either House of Parliament.
S. 22 in force at 1.4.2008 by S.I. 2008/504, art. 3(h)