It is illegal for individuals to convey prohibited articles into a prison and such activity is covered by clear legislation, please see below link for examples of list A, B and C articles which are prohibited.

In addition to the general legislation referred to above, there is specific legislation which makes it a crime to throw an article into prison from the outside.

Cagin Husnu of Kangs Solicitors comments upon this specific provision.

s.40 CB of the Prison Act 1952 relates to all articles which are not on the aforementioned prohibited list.

The word ‘throw’ contained within the legislation is interpreted to include any act which results in an article being conveyed from outside the boundary of a prison to inside which includes passing items through holes in the wall and the ever increasing use of drones to fly articles over prison walls.

Any one facing prosecution for such an offence may have two potential defences available:

  1. the belief that the act was authorised, e.g. a contractor carrying out maintenance work which could require him to throw an article into the prison.

or that

  1. The act was justified due to circumstances showing there was an overriding public interest – it is difficult to speculate a set of circumstances whereby a court would accept this defence.

How Can We Help? | Kangs Criminal Defence Team

If you find yourself in circumstances similar those outlined above you must ensure that you instruct solicitors at the first possible opportunity to assist and guide you as conviction carries a maximum two year prison sentence.

Who Should I Contact? | Kangs National Criminal Defence Solicitors

At Kangs Solicitors our Team offers expert advice across all aspects of criminal proceedings and should you require assistance please do not hesitate to contact us through any of the following:

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 07989 521210 

Helen Holder
hholder@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888 | 07989 521210 

Steven Micklewright
smicklewright@kangssolicitors.co.uk
0121 449 9888 | 07989 521210