(1) Section 34C of the Prison Act (Northern Ireland) 1953 (offences relating to prison security) is amended as follows.

(2) In subsection (1), for the ‘or’ at the end of paragraph (a) substitute—

‘(aa) takes a photograph of the inside of a prison from outside the prison, or’.

(3) After subsection (1) insert—

‘(1A) 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, and

(b) 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.’

(4) Omit subsection (2).

(5) After subsection (4) insert—

‘(4A) In proceedings for an offence under subsection (1)(aa) it is a defence for the accused to show that they did not know and had no reasonable cause to believe that the photograph was of the inside of a prison.’—(Katherine Fletcher.)

This new clause amends section 34C of the Prison Act (Northern Ireland) 1953 to include a specific offence of taking a photograph of the inside of a prison from the outside of a prison. It also clarifies that photographing or making a sound-recording of material transmitted from inside a prison is covered by the existing offence of taking a photograph or making a sound-recording inside a prison.

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