Section 5 Offence of being equipped for tunnelling etcI1

England and Wales

(1)

A person commits an offence if they have an object with them in a place other than a dwelling with the intention that it may be used in the course of or in connection with the commission by any person of an offence under section 3 (1) or 4 (1) (offences relating to tunnelling).

(2)

A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences, to a fine or to both.

(3)

In subsection (2), “the maximum term for summary offences” means—

(a)

if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, six months;

(b)

if the offence is committed after that time, 51 weeks.

(4)

In this section “dwelling” has the same meaning as in section 1 (offence of locking on).

Annotations

Commencement

I1: S. 5 in force at 2.7.2023 by S.I. 2023/733, reg. 2(c)