Throwing or Conveying
It may be tempting for friends and family members, possibly for financial gain, to seek to convey articles into prisons. The chance of being caught is high and, possibly for that reason, many who might otherwise be tempted to do so, refrain from doing so.
Section 40CB of the Prison Act 1952 makes it a criminal offence to ‘throw’ articles into prisons, so launching an item over the outskirts of the prison is no less of a crime than taking it inside when on a visit. It may also be seen as a much harder crime to detect.
The reference to ‘throwing’ is however very deceptive as it is defined in the legislation as meaning:
‘Doing anything from outside the prison that results in the article or substance being projected or conveyed over or through a boundary of the prison to land inside the prison.’
So, this covers not only throwing an article over a fence or wall, but also passing an item through a gap, and most commonly attaching an object to a drone and flying it in.
There are two defences available, namely:
(a) He reasonably believed that he had authorisation to do the act in respect of which the proceedings are brought, or
(b) In all the circumstances there was an overriding public interest which justified the doing of that act.
Authorisation means authorisation given in relation to all prisons or prisons of a specified description by Prison Rules or administratively the Secretary of State or, in relation to a specific prison, by the Secretary of State or the governor, director of the prison or by a person authorised by the governor or director for this purpose.
For example, authorisation might be given when contractors doing building work where it may be necessary to throw articles into prison.
It is difficult to imagine many situations where a court would be influenced that overruling public interest justified such an act.
Linking with other offences
Sections 40A to 40C of the Prison Act 1952 lists three categories of prohibited items (such as drugs and mobile phones) that cannot be taken into prison. These offences also cover items that are thrown.
Therefore, section 40CB is concerned with any other item (Regardless of how innocent an item may be) and includes psychoactive substances which are seen to be particular threat at present.
Sentencing
This offence carries a maximum prison sentence of 2 years (but note that penalties under sections 40A-40C can be up to 10 years), and custody is highly likely absent convincing mitigation. It is therefore crucial that you have the best possible representation.
Our Assistance
Many individuals face a predicament when loved ones make requests for items to be brought in to prisons. If you have made a mistake, we will ensure that the entire background is presented to the court in mitigation, fighting for the best possible sentencing outcome for you and your family.
To discuss any aspect of your case please contact Simon Morton or any other of our Criminal defence specialists. 0161 477 1121 or email [email protected]
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