National Security Act 2023 (c. 32)

Part 1 U.K. Espionage, sabotage and persons acting for foreign powers

Entering and inspecting places used for defence etc U.K.

5 Unauthorised entry etc to a prohibited place U.K.

(1) A person commits an offence if—

(a) the person—

(i) accesses, enters, inspects or passes over or under a prohibited place, or

(ii) causes an unmanned vehicle or device to access, enter, inspect or pass over or under a prohibited place,

(b) that conduct is unauthorised, and

(c) the person knows, or having regard to other matters known to them ought reasonably to know, that their conduct is unauthorised.

(2) A person’s conduct is unauthorised if the person—

(a) is not entitled to determine whether they may engage in the conduct, and

(b) does not have consent to engage in the conduct from a person so entitled.

(3) In subsection (1)(a) a reference to inspecting a prohibited place includes taking, or procuring the taking of, photographs, videos or other recordings of the prohibited place.

(4) For the purposes of this section, a person engages in conduct mentioned in subsection (1)(a) if the person does so in person or by electronic or remote means.

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

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Commencement Information

I1 S. 5 not in force at Royal Assent, see s. 100(1)

I2 S. 5 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)