Part 1: Espionage, sabotage and persons acting for foreign powers Espionage etc Section 5: Unauthorised entry etc. to a prohibited place
Subsection (1) provides that a person commits a criminal offence if – without authorisation – they engage in specified conduct in respect of a prohibited place and they know, or having regard to other matters known to them ought reasonably to know, that their conduct is unauthorised. The relevant conduct is accessing, entering, inspecting, or passing over or under a prohibited place. Like section 4, this applies whether the conduct is committed in person, remotely, electronically or via an unmanned vehicle or device.
	Subsection (2) provides that a person’s conduct is unauthorised if the person is not entitled to determine whether they may engage in the conduct and does not have consent to engage in the conduct from a person who is entitled to give it. There is no requirement that the person have a purpose prejudicial to the safety or interests of the United Kingdom to commit this offence. This ensures action can be taken in cases where a person is knowingly carrying out unauthorised conduct, such as trespassing, at a prohibited place.
	Subsection (3) makes clear that inspecting can include the taking of photographs, videos, or other media recordings of a prohibited place. In particular, inspecting under this section does not include inspecting photographs, videos, or recordings of the prohibited place.
	Subsection (4) provides that a person can carry out the conduct within subsection (1)(a) in person or by electronic or remote means.
	Subsection (5) outlines the penalties on summary conviction for the offence. For summary conviction in England and Wales, the maximum penalty is the maximum term for summary offences or a fine (or both). For summary conviction in Scotland and Northern Ireland, the maximum penalty is a term of imprisonment of 6 months or a level 5 fine on the standard scale (or both).