40ASections 40B and 40C: classification of articles(1)This section defines the categories of articles which are referred to in sections 40B and 40C.
(2)A List A article is any article or substance in the following list ("List A")-
(a)a controlled drug (as defined for the purposes of the Misuse of Drugs Act 1971);
(b)an explosive;
(c)any firearm or ammunition (as defined in section 57 of the Firearms Act 1968);
(d)any other offensive weapon (as defined in section 1(9) of the Police and Criminal Evidence Act 1984).
(3)A List B article is any article or substance in the following list ("List B")-
(a)alcohol (as defined for the purposes of the Licensing Act 2003);
(b)a mobile telephone;
(c)a camera;
(d)a sound-recording device.
(4)In List B-
"camera" includes any device by means of which a photograph (as defined in section 40E) can be produced;
"sound-recording device" includes any device by means of which a sound-recording (as defined in section 40E) can be made.
(5)The reference in paragraph (b), (c) or (d) of List B to a device of any description includes a reference to-
(a)a component part of a device of that description; or
(b)an article designed or adapted for use with a device of that description (including any disk, film or other separate article on which images, sounds or information may be recorded).
(6)A List C article is any article or substance prescribed for the purposes of this subsection by prison rules.
(7)The Secretary of State may by order amend this section for the purpose of-
(a)adding an entry to List A or List B;
(b)repealing or modifying any entry for the time being included in List A or List B;
(c)adding, repealing or modifying any provision for the interpretation of any such entry.
Sentencing
Back
TOP