Prisons (Scotland) Act 1989
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Change 1
41ZA Further provision for communication devices
(1) 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. (2) A person commits an offence if, by means of a personal communication device, the person— (a) transmits, from inside a prison, a communication of any kind, or (b) intentionally receives, when inside a prison, a communication of any kind. (3) A person commits an offence if, while inside a prison, the person is in possession of a personal communication device. (4) A person who commits an offence under subsections (1) to (3) is liable to the penalties set out in subsection (5). (5) The penalties are— (a) on conviction on indictment, to imprisonment for a period not exceeding 2 years or to a fine (or to both), (b) on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both). (6) In this section, “personal communication device” is to be construed in accordance with section 41(9B).
41ZA Further provision for communication devices
(1) 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. (2) A person commits an offence if, by means of a personal communication device, the person— (a) transmits, from inside a prison, a communication of any kind, or (b) intentionally receives, when inside a prison, a communication of any kind. (3) A person commits an offence if, while inside a prison, the person is in possession of a personal communication device. (4) A person who commits an offence under subsections (1) to (3) is liable to the penalties set out in subsection (5). (5) The penalties are— (a) on conviction on indictment, to imprisonment for a period not exceeding 2 years or to a fine (or to both), (b) on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both). (6) In this section, “personal communication device” is to be construed in accordance with section 41(9B).
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