After section 34C of the Prison Act (Northern Ireland) 1953 insert—

(1) A person is guilty of an offence if—

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

(b) the person intends the photograph 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 to show that—

(a) the accused reasonably believed that they had authorisation to do the act in respect of which the proceedings are brought, or

(b) in all the circumstances there was an overriding public interest which justified the doing of that act.

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

(1) A person is guilty of an offence if—

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

(b) the photograph—

(i) was taken inside a prison,

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

(iii) records a prison worker on prison land.

(2) A person is guilty of 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 (1A) of section 34C (photograph 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 to show that—

(a) the accused 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 sound-recording was made inside a prison;

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

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

(b) the accused reasonably believed that they had authorisation to do the act in respect of which the proceedings are brought, or

(c) in all the circumstances there was an overriding public interest which justified the doing of that act.

(5) A person guilty of 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.

In sections 34D and 34E—

‘authorisation’ means authorisation given for the purposes of the section in question and subsections (6) to (8) of section 34C apply in relation to authorisations so given as they apply to authorisations given for the purposes of that section;

‘photograph’ has the meaning given by section 34C(11);

‘prison land’ means —

(a) land vested in the Department for a purpose connected with the provision, running or management of a prison, and

(b) other land in which the Department has an interest, or which is occupied by the Department, for a purpose connected with the provision, running or management of a prison;

‘prison worker’ means any of the following—

(a) a prison officer;

(b) 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 purpose of the person’s work (including voluntary work);