OpenLegislation

Section 68 Causing internal concealment of item for criminal purposeI1

England and Wales

(1)

A person (“A”) commits an offence if—

(a)

A intentionally causes a person other than A who is a child (“C”) to conceal a specified item inside C’s body, and

(b)

the condition in subsection (3) is met.

(2)

It does not matter whether the specified item gets inside C’s body by an act of A or C or another person.

(3)

The condition is that A—

(a)

knows or reasonably suspects that the specified item has been used in connection with criminal conduct, or

(b)

intends the specified item to be, or knows or reasonably suspects that the specified item may be, used in connection with criminal conduct.

(4)

A person (“A”) commits an offence if—

(a)

any of the following occurs, where B is a person other than A who is not a child—

(i)

A compels B to conceal a specified item inside B’s body,

(ii)

A coerces or deceives B into concealing a specified item inside B’s body, or

(iii)

A engages in controlling or manipulative behaviour towards B, as a result of which B conceals a specified item inside B’s body, and

(b)

the condition in subsection (3) is met.

(5)

It does not matter whether the specified item gets inside B’s body by an act of A or B or another person.

(6)

A is to be treated as acting in a way mentioned in subsection (4)(a) where A intentionally causes another person to act in that way (as well as where A acts in that way themselves).

(7)

In considering whether a person’s behaviour towards B is controlling or manipulative, regard may be had to the nature of the relationship between the person and B and to any of B’s personal circumstances which may make B more vulnerable than other persons.

(8)

For the purposes of this section the following are specified items—

(a)

controlled drugs within the meaning of the Misuse of Drugs Act 1971;

(b)

psychoactive substances within the meaning of the Psychoactive Substances Act 2016;

(c)

a mobile telephone;

(d)

a SIM card;

(e)

an electronic device;

(f)

cash;

(g)

a payment card;

(h)

jewellery;

(i)

any article made or adapted for use for causing injury to persons, or capable of causing serious injury to persons;

(j)

any weapon to which section 141 of the Criminal Justice Act 1988 (offensive weapons) applies, as that section applies in England and Wales.

(9)

The Secretary of State may by regulations amend this section for the purpose of changing the items which are specified items.

(10)

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

(a)

on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

(11)

In this section—

  • “child” means a person under the age of 18;

  • “criminal conduct” means—

    1. (a)

      a criminal offence, or

    2. (b)

      anything done outside England and Wales which would constitute a criminal offence if done in England or Wales;

  • “electronic device” means any device on which information is capable of being stored electronically and includes any component of such a device;

  • “payment card” means a credit card, a charge card, a prepaid card or a debit card;

  • “SIM card” means a removable physical subscriber identity module.

(12)

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 36D (inserted by section 48), after the entry for section 48 insert—

  • “section 68 (causing internal concealment of item for criminal purpose)”.

Annotations

Commencement

I1

S. 68 in force at Royal Assent for specified purposes, see s. 255(2)(a)