Part 1Espionage, sabotage and persons acting for foreign powers

Entering and inspecting places used for defence etc

I15Unauthorised entry etc to a prohibited place

1

A person commits an offence if—

a

the person—

i

accesses, enters, inspects or passes over or under a prohibited place, or

ii

causes an unmanned vehicle or device to access, enter, inspect or pass over or under a prohibited place,

b

that conduct is unauthorised, and

c

the person knows, or having regard to other matters known to them ought reasonably to know, that their conduct is unauthorised.

2

A person’s conduct is unauthorised if the person—

a

is not entitled to determine whether they may engage in the conduct, and

b

does not have consent to engage in the conduct from a person so entitled.

3

In subsection (1)(a) a reference to inspecting a prohibited place includes taking, or procuring the taking of, photographs, videos or other recordings of the prohibited place.

4

For the purposes of this section, a person engages in conduct mentioned in subsection (1)(a) if the person does so in person or by electronic or remote means.

5

A person who commits an offence under this section is liable—

a

on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

b

on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both);

c

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).