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Guideline Authority on conveying Prohibited Article into a Prison

CPS v M and B

Ian Boyes, led by Silk, has recently appeared in the guideline authority on the issue of Mens Rea in the offence of conveying a Prohibited Article into a prison. The case involves a Trainee Solicitor (known as M) and an Interpreter (known as B) who entered a prison in Essex with component parts of mobile phones in their pockets. Both had honestly thought they were not coveying anything into the Prison.
 

At a Preparatory Hearing at Chelmsford Crown Court, HHJ Goldstaub QC gave judgment in favour of the defendants on the issue of Mens Rea. The Crown Prosecution Service appealed this ruling to the Court of Appeal Criminal Division and judgment was handed down on Friday 11th December upholding the Trial Judge's ruling.

The Court of Appeal held that the offence is not one of Strict Liability.

15 December 2009

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