Explanatory note

This Order brings into force section 45 of the Crime and Security Act 2010 on 26th March 2012. Section 45 amends section 40D of the Prison Act 1952 to create a new offence of possession in a prison, without authorisation, of a device capable of transmitting or receiving images, sounds or information by electronic communications. This includes mobile telephones as well as other devices which are capable of accessing the internet or are otherwise capable of sending or receiving data. The new offence extends to the possession, without authorisation, of any component part or article designed or adapted for use with such a device, such as a SIM card or a charger for a mobile telephone.

Section 45 also makes a minor amendment to the existing offence in section 40D(1) of the Prison Act 1952. Prior to the amendment, it was an offence for a person to transmit by electronic communications “any image or any sound” from inside a prison for simultaneous reception outside a prison. The amendment extends this offence to the transmission of images, sounds or information. This amendment means that section 40D(3)(b) of the Prison Act 1952, under which it is an offence to transmit a restricted document from inside a prison, is no longer necessary. That provision is therefore repealed by section 45.