New Clause 1 - Unauthorised photographs, films and sound recordings of prisons and prison workers: Scotland

Prison Media Bill – in a Public Bill Committee am 10:30 am ar 22 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

After section 41ZB of the Prisons (Scotland) Act 1989 insert—

(1) A person commits an offence if, without authorisation—

(a) the person takes a photograph, or makes a film or a sound recording, inside a prison, or

(b) the person takes a photograph, or makes a film, of the inside of a prison from outside the prison.

(2) For the purposes of subsection (1)(a)—

(a) a photograph taken outside a prison of an image which is being transmitted from inside the prison by electronic communications for simultaneous reception outside the prison is to be treated as a photograph taken inside the prison,

(b) a film made outside a prison of an image which is being transmitted from inside the prison by electronic communications for simultaneous reception outside the prison is to be treated as a film made inside the prison, and

(c) a sound recording made outside a prison of sounds which are being transmitted from inside the prison by electronic communications for simultaneous reception outside the prison is to be treated as a sound recording made inside the prison.

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

(a) the person reasonably believed that the person was acting in circumstances to which an authorisation applied (even though no authorisation did apply), or

(b) in the circumstances there was an overriding public interest which justified the person’s actions.

(4) In proceedings for an offence under subsection (1)(b) it is a defence for the accused person to show that they did not know and had no reasonable cause to believe that the photograph or film was of the inside of a prison.

(5) A person who commits an offence under this section is liable—

(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 ‘electronic communications’ has the same meaning as in the Electronic Communications Act 2000 (see section 15(1) of that Act).

(1) A person commits an offence if—

(a) without authorisation the person takes a photograph, or makes a film or a sound recording, of a prison worker while the prison worker is on prison land, and

(b) the person intends the photograph, film or sound recording to record a prison worker on prison land.

(2) It is immaterial for the purposes of subsection (1) where the recording medium is located.

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

(a) the person reasonably believed that the person was acting in circumstances to which an authorisation applied (even though no authorisation did apply), or

(b) in the circumstances there was an overriding public interest which justified the person’s actions.

(4) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(1) A person commits an offence if—

(a) without authorisation, the person uploads a photograph or film to an internet service, and

(b) the photograph or film—

(i) was taken or made inside a prison,

(ii) is of the inside of a prison, or

(iii) records a prison worker on prison land.

(2) A person commits an offence if—

(a) without authorisation, the person uploads a sound recording to an internet service, and

(b) the sound recording—

(i) was made inside a prison, or

(ii) records a prison worker on prison land.

(3) Subsection (2) of section 41ZC (photograph, film or sound recording of a transmission from a prison) applies for the purposes of subsections (1)(b)(i) and (2)(b)(i) of this section as it applies for the purposes of subsection (1)(a) of that section.

(4) In proceedings for an offence under this section, it is a defence for the accused person to show that—

(a) the person did not know and had no reasonable cause to believe—

(i) in a case within subsection (1)(b)(i) or (2)(b)(i), that the photograph was taken or the film or sound recording was made inside a prison;

(ii) in a case within subsection (1)(b)(ii), that the photograph or film was of the inside of a prison;

(iii) in a case within subsection (1)(b)(iii) or (2)(b)(ii), that the photograph, film or sound recording recorded a prison worker on prison land,

(b) the person reasonably believed that the person was acting in circumstances to which an authorisation applied (even though no authorisation did apply), or

(c) in the circumstances there was an overriding public interest which justified the person’s actions.

(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) In this section ‘internet service’ has the meaning given by section 228 of the Online Safety Act 2023.

(1) In sections 41ZC to 41ZE ‘authorisation’ means a written authorisation given for the purposes of the section in question—

(a) in favour of any specified person or person of a specified description,

(b) for a specified purpose, and

(c) by—

(i) the governor or director of a prison in relation to activities at that prison, or

(ii) the Scottish Ministers in relation to activities at any specified prison.

(2) In subsection (1) ‘specified’ means specified in the authorisation.

(3) In sections 41ZC to 41ZE—

‘film’ has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988 (see section 5B(1) of that Act);

‘photograph’ has the same meaning as in that Part (see section 4(2) of that Act);

‘sound recording’ has the same meaning as in that Part (see section 5A(1) of that Act).

(4) In sections 41ZD and 41ZE ‘prison worker’ means any of the following—

(a) an officer of a prison;

(b) a person certified as a prisoner custody officer under section 114(1) of the Criminal Justice and Public Order Act 1994 who is authorised to perform custodial duties (within the meaning of section 117(1) of that Act);

(c) any other person who (whether as a servant or agent of the Crown or otherwise)—

(i) works in a prison, or

(ii) visits, or attends at, a prison for the purposes of the person’s work (including voluntary work).

(5) In sections 41ZD and 41ZE ‘prison land’ means—

(a) a prison, or

(b) any land which—

(i) is occupied by a person for a purpose connected with the provision, running or management of a prison, and

(ii) has been declared by the Scottish Ministers to be prison land in a declaration for the purposes of the section in question.

(6) A declaration under subsection (5)(b)(ii) must be made in writing and published in such manner as the Scottish Ministers consider appropriate.

(1) An individual who—

(a) works at a prison,

(b) does not do that work as a servant or agent of the Crown, and

(c) has been designated by the Scottish Ministers for the purposes of this section,

is to be treated for the purposes of the application of sections 41ZC to 41ZE as if the individual were doing that work as a servant or agent of the Crown.

(2) A designation for the purposes of this section may be given—

(a) in relation to persons specified in the designation or persons of a description so specified, and

(b) in relation to all work falling within subsection (1)(a) or only in relation to such activities as the designation may provide.”—(Katherine Fletcher.)

This new clause amends the Prisons (Scotland) Act 1989 to create new offences of taking a photograph, or making a film or a sound-recording, inside a prison; of taking a photograph, or making a film, of the inside of a prison; of taking a photograph, or making a film or a sound-recording, of a prison worker on prison land; and of uploading content relating to prisons to an internet service.

Brought up, and read the First and Second time, and added to the Bill.