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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 10 November 2015 - onwards
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79. Throwing articles into prisons

After section 40CA of the Prison Act 1952 (inserted by section 78 above)insert -

"40CB Throwing articles into prison

(1) A person who, without authorisation, throws any article or substance into a prison is guilty of an offence.

(2) For the purposes of subsection (1) -

(a) the reference to an article or substance does not include a reference to a List A article, a List B article or a List C article (as defined by section 40A);

(b) the reference to "throwing" an article or substance into a prison includes a reference to 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 so as to land inside the prison.

(3) In proceedings for an offence under this section it is a defence for the accused to show that -

(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

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