Section 34A Conveyance etc. of List A articles into or out of prisonF1
Northern Ireland
A person who, without authorisation—
brings, throws or otherwise conveys a List A article into or out of a prison,
causes another person to bring, throw or otherwise convey a List A article into or out of a prison,
leaves a List A article in any place (whether inside or outside a prison) intending it to come into the possession of a prisoner, or
knowing a person to be a prisoner, gives a List A article to him,
is guilty of an offence.
In this section “authorisation” means authorisation given for the purposes of this section—
in relation to all prisons or prisons of a specified description, by prison rules or the F2Department; or
in relation to a particular prison, by the Department or by the governor of the prison.
Authorisation may be given to specified persons or persons of a specified description—
in relation to specified articles or articles of a specified description;
in relation to specified acts or acts of a specified description; or
on such other terms as may be specified.
In this subsection “specified” means specified in the authorisation.
Authorisation given by the Department otherwise than in writing shall be recorded in writing as soon as is reasonably practicable after being given.
Authorisation given by the governor of a prison shall—
be given in writing; and
specify the purpose for which it is given.
A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine (or both)
Annotations
Textual amendments
- F1
Ss. 34, 34A, 34B substituted (19.12.2008) for ss. 34, 35 by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 77; S.R. 2008/472, art. 2(2), Sch. Pt. II
- F2
Word in s. 34A substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(1), Sch. 4 para. 2(5) (with arts. 28-31); S.I. 2010/977, art. 1(2)