|
Unlawful use of scanners in the UK
NOTICE: TO ALL CONCERNED Certain text files and messages contained on this site deal with activities and devices which would be in violation of various Federal, State, and local laws if actually carried out or constructed. The webmasters of this site do not advocate the breaking of any law. Our text files and message bases are for informational purposes only. We recommend that you contact your local law enforcement officials before undertaking any project based upon any information obtained from this or any other web site. We do not guarantee that any of the information contained on this system is correct, workable, or factual. We are not responsible for, nor do we assume any liability for, damages resulting from the use of any information on this site.
UNLAWFUL USE OF SCANNERS IN THE U.K.Channel Islands the relevant law is
the "Wireless Telegraphy Act" and it's
various ammendments. Which, to
-=By Big Brother=- simplify it, says that members of the
public are entitled to listen to two
types of broadcasts:-
This article is written to educate
person's as to what the law says about 1. Licenced broadcast stations- ie
the use of radio scanners. BBC, Local Radio or foreign
equivalents etc.
Just because a scanner can receive all
types of radio traffic it doesn't mean 2. Licenced Radio Amateurs.
that you are authorised to listen to
it all.
YOU COMMIT AN OFFENCE TO LISTEN-IN
The responsibility lies with the TO ANY OTHER TRANSMISSIONS.
equipment owner to satisfy himself
that he has a legal right to listen-in
to any radio transmission. Licences can be obtained for some
other frequences quite easily but you
In England, Scotland, Wales, Northan have to demonstate some knowlege and
Ireland, the Isle of Man and the proficiency of use of your equipment.
--------------------------------------------------------------------------------
The easiest obtainable is the CB principal, has not been authorised to
licence from any Post Office. receive. (Except 1. and 2. above.)
It is not even necessary for a person
From 1st January 1991. Section 79 of to act on any information received in
the Telecommunications Act 1984 order for an offence to have been
permits SEIZURE of a scanner upon committed under Section 5(b).
suspicion of the commission of an
offence under Section 5(b) of the If the person simply makes a mental
Wireless Telegraphy Act 1949. observation of the contents of the
transmission, then in the words of the
Lets make, Wireless Telecomminications 1949 Act, they used Wireless
Act = WTA. Telegraphy to obtain information as to
the sender, contents or addressee of
The Courts can now also order such the message.
devices forfeit upon conviction
for an offence under Section 5(b) WTA Under Section 5(b)(ii) of the WTA 1949
1949. it is an offence to pass information
received (by committing an offence
Under Section 5(b)(i) of WTA 1949 a under Sect 5(b)(i) WTA 1949) to
person is quilty of an offence if he another person.
listens to a message which he, or his
--------------------------------------------------------------------------------
EXAMPLES. intercept messages from rival firms
and poach the fare.
Unless licenced to do so.
OFFENCE :- (under Sect.5(b)(ii)) A
OFFENCE :- (under Sect. 5(b)(i)) taxi firm conveys to one of their
Listening to CB, Aircraft or Marine drivers the contents of a transmission
international channel messages, of a competitor. (which they had
although this is relativel harmless. monitored contrary to Sect 5(b)(i))
OFFENCE :- (under Sect. 5(b)(i)) This taxi stuff is also the examples
Listening to Police or other private on the leaflet. What can one say
mobile radio messages is serious. about nasty devious underhand tricks
like this.
This harmless serious stuff is not my
opinion but is what is written on the
leaflet I got. It could be an THE INTERCEPTION OF COMMUNICATIONS
indication into the amount one is ACT 1985. SECTION 1.
fined should one be convicted of an
offence. This Act applies to the interception
of radio communications if they form
OFFENCE :- (under Sect. 5(b)(i)) Taxipart of a designated public
operators often use scanners to telecommunications system.
--------------------------------------------------------------------------------
The services of British Telecom, what the fine would be for monitoring
Mercury, Cellnet and Racal Vodafone the Police radio apart from
have been so designated and destruction of the apparatus.
consequently cellular, portable and (Ordered by a Magistrate/Judge upon
car/mobile telephone communications conviction.)
are protected by this Act.
I do not own a scanner, but I did buy
Using a scanner to monitor cellular a book some years ago which listed all
telephones would be an offence under those very interesting frequencies
Sect. 5(b)(i) WTA 1949. However, the that one is not supposed to listen to.
violation of privacy, in the form of
the intercepted communication is by It is quite easy to prove a scanner is
far the More serious offence. programmed to pick up Police
(Greater punishment upon conviction at frequencies. All one has to do is
a Court.) turn the scanner on and Transmit using
a Police personnal radio and low and
behold the scanner picks it up.
PERSONAL COMMENT. Should that happen the scanner should
be seized by the Police. The scanner
The above bits and pieces are taken then gets sent to an Independant body
from several sources but the in depth to be checked out.
information is absent, ie I don't know
--------------------------------------------------------------------------------
The Independant body can then be used
in Court to explain the usage and
frequencies in the scanner.
An end comment on this topic for the
moment is :-
"If a person is found using apparatus
to monitor police radio broadcasts
this is an absolute offence and
appropriate process action should be
instituted."
And that is taken from a document that
I didn't write.
NOTE: This info is for the U.K. only.
end.
--------------------------------------------------------------------------------
|
|
