Modifications etc. (not altering text)
C1Power to apply ss. 39–42 with modifications conferred by Army Act 1955 (c. 18), s. 122(3), Air Force Act 1955 (c. 19), s. 122(3) and Naval Discipline Act 1957 (c. 53), s. 82(3)
(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).]
Textual Amendments
F1Ss. 40A-40C substituted for s. 40 (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 22(1), 41(1); S.I. 2008/504, art. 3(h)