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Prisons (Interference with Wireless Telegraphy) Act 2012
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- UK Public General Acts
- 2012 c. 20
- Section 3
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Prisons (Interference with Wireless Telegraphy) Act 2012, Section 3 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 3:
- s. 3(5) words inserted by 2018 c. 32 Sch. para. 3(2)
- s. 3(6) words inserted by 2018 c. 32 Sch. para. 3(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(2A)-(2C) inserted by 2018 c. 32 s. 1(2)
- s. 1(6A) inserted by 2018 c. 32 s. 1(6)
- s. 2(3A) inserted by 2018 c. 32 Sch. para. 2(2)
- s. 2(4A)-(4C) inserted by 2018 c. 32 Sch. para. 2(4)
- s. 3(10) inserted by 2018 c. 32 Sch. para. 3(3)
3Retention and disclosure of information obtained under section 1E+W+S
This section has no associated Explanatory Notes
(1)Information obtained by virtue of section 1 must be destroyed no later than 3 months after it was obtained unless the person in charge of the relevant institution has authorised its retention.
(2)The person in charge of a relevant institution may not give an authorisation under subsection (1) unless satisfied—
(a)that the retention of the information is necessary on one or more of the grounds specified in subsection (8), and
(b)that the retention is proportionate to what is sought to be achieved by it.
(3)Where information is retained under subsection (1) the person in charge of the relevant institution must review, at intervals of not more than 3 months, whether its retention remains in accordance with that subsection.
(4)If, on a review under subsection (3), the person in charge of the relevant institution is not satisfied that the retention of information remains in accordance with subsection (1), that person must arrange for the information to be destroyed.
(5)Information obtained by virtue of section 1(2)(b) may be disclosed to—
(a)an officer of the relevant institution;
(b)an employee authorised for the purposes of this section by the person in charge of the institution;
(c)the Secretary of State;
(d)if the relevant institution is in Scotland, the Scottish Ministers.
(6)Information obtained by virtue of section 1(2)(b) may not be disclosed to any other person unless the person in charge of the relevant institution has authorised its disclosure.
(7)An authorisation under subsection (6) may be given only where the person in charge of the relevant institution is satisfied that—
(a)the disclosure is necessary on one or more of the grounds specified in subsection (8), and
(b)the disclosure is proportionate to what is sought to be achieved by it.
(8)The specified grounds are—
(a)the interests of national security,
(b)the prevention, detection, investigation or prosecution of crime,
(c)the interests of public safety,
(d)securing or maintaining security or good order and discipline in the relevant institution,
(e)the protection of health or morals.
(9)An authorisation under this section must be in writing.
Modifications etc. (not altering text)
C1S. 3 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Prisons (Interference with Wireless Telegraphy) (Guernsey) Order 2018 (S.I. 2018/545), art. 2, Sch.
Commencement Information
I1S. 3 in force at 21.10.2013 for E.W. by S.I. 2013/2460, art. 3
I2S. 3 in force at 3.3.2014 for S. by S.S.I. 2014/34, art. 2
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