34Sections 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 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.

8

An order made under subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.

34AConveyance 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 the Secretary of State; or

b

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

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 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 10 years or to a fine (or both)

34BConveyance 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 2 years or to a fine (or both);

b

on summary conviction, to imprisonment for a term not exceeding 6 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 (6) to (8) of section 34C apply in relation to authorisations so given as they apply to authorisations given for the purposes of that section.