Section 41ZA Further provision for communication devicesF1F2
A person commits an offence if, knowing another person to be a prisoner, the person gives a personal communication device to the prisoner while the prisoner is inside a prison.
A person commits an offence if, by means of a personal communication device, the person—
transmits, from inside a prison, a communication of any kind, or
intentionally receives, when inside a prison, a communication of any kind.
A person commits an offence if, while inside a prison, the person is in possession of a personal communication device.
A person who commits an offence under subsections (1) to (3) is liable to the penalties set out in subsection (5).
The penalties are—
on conviction on indictment, to imprisonment for a period not exceeding 2 years or to a fine (or to both),
on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both).
In this section, “personal communication device” is to be construed in accordance with section 41(9B).
Annotations
Textual amendments
- F1
Words in s. 41B(3) added (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 16(c)(iii), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1
- F2
S. 41ZA - S. 41ZB inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 34(2), 206(1); S.S.I. 2010/413, art. 2, Sch.