Prison Act 1952

[F1 40C Conveyance etc. of List B or C articles into or out of prison U.K.

(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 [F2 the general limit in a magistrates’ court] 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.]

Textual Amendments

F1 Ss. 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)

F2 Words in s. 40C(5)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

Modifications etc. (not altering text)

C1 S. 40C modified (1.4.2008) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 4 para. 5; S.I. 2008/504, art. 3(m)