Section 149 Electronic devices for use in vehicle offencesI1
United Kingdom Not yet in force
It is an offence to possess an electronic device in circumstances which give rise to a reasonable suspicion that the device will be used in connection with a relevant offence.
It is an offence to import, make, adapt, supply or offer to supply an electronic device in circumstances which give rise to a reasonable suspicion that the device will be used in connection with a relevant offence.
It is a defence for a person charged with an offence under this section to show that the person did not intend or suspect that the device would be used in connection with a relevant offence.
In proceedings for an offence under this section, if it is proved that an electronic device—
was on any premises at the same time as the accused, or
was on premises of which the accused was the occupier or which the accused habitually used otherwise than as a member of the public,
the court may assume that the accused possessed the electronic device, unless the accused shows that they did not know of its presence on the premises or that they had no control over it.
In this section “relevant offence” means—
in England and Wales—
an offence under section 1 of the Theft Act 1968 of theft of a conveyance (as defined by section 12 of that Act) or anything in a conveyance, or
an offence under section 12 of that Act (taking vehicle or other conveyance without authority);
in Scotland—
theft of a vehicle, vessel or aircraft constructed or adapted for use for transporting one or more persons or of anything in such a vehicle, vessel or aircraft, or
an offence under section 178 of the Road Traffic Act 1988 (taking motor vehicle without authority);
in Northern Ireland—
an offence under section 1 of the Theft Act (Northern Ireland) 1969 of theft of a conveyance (as defined by section 12 of that Act) or anything in a conveyance, or
an offence under section 12 of that Act (taking vehicle or other conveyance without authority).
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
Annotations
Commencement
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S. 149 not in force at Royal Assent, see s. 255(1)