Section 40D Other offences relating to prison securityF1C1
United Kingdom
A person who, without authorisation—
takes a photograph, or makes a sound-recording, inside a prison, or
transmits, or causes to be transmitted, any image F2, sound or information from inside a prison by electronic communications for simultaneous reception outside the prison,
is guilty of an offence.
It is immaterial for the purposes of subsection (1)(a) where the recording medium is located.
A person who, without authorisation—
brings or otherwise conveys a restricted document out of a prison or causes such a document to be brought or conveyed out of a prison, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is guilty of an offence.
A person who, without authorisation, is in possession of any of the items specified in subsection (3B) inside a prison is guilty of an offence.
The items referred to in subsection (3A) are—
a device capable of transmitting or receiving images, sounds or information by electronic communications (including a mobile telephone);
a component part of such a device;
an article designed or adapted for use with such a device (including any disk, film or other separate article on which images, sounds or information may be recorded).
In proceedings for an offence under this section it is a defence for the accused to show that—
he reasonably believed that he had authorisation to do the act in respect of which the proceedings are brought, or
in all the circumstances there was an overriding public interest which justified the doing of that act.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine (or both); or
on summary conviction, to imprisonment for a term not exceeding F5the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum (or both).
Annotations
Textual amendments
- F1
Ss. 40D, 40E inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 23(1), 41(1); S.I. 2008/504, art. 3(i)
- F2
Words in s. 40D(1)(b) substituted (26.3.2012) by Crime and Security Act 2010 (c. 17), ss. 45(a), 59(1); S.I. 2012/584, art. 2
- F3
S. 40D(3)(b) and word repealed (26.3.2012) by Crime and Security Act 2010 (c. 17), ss. 45(b), 59(1); S.I. 2012/584, art. 2
- F4
S. 40D(3A)(3B) inserted (26.3.2012) by Crime and Security Act 2010 (c. 17), ss. 45(c), 59(1); S.I. 2012/584, art. 2
- F5
Words in s. 40D(5)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
Modifications
- C1
S. 40D modified (1.4.2008) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 4 para. 5; S.I. 2008/504, art. 3(m)
Notes on Offences
Modifications
- C1
Power to apply ss. 39–42 with modifications conferred by Army Act 1955 (c. 18), s. 122(3), Air Force Act 1955 (c. 19), s. 122(3) and Naval Discipline Act 1957 (c. 53), s. 82(3)