§ Sir Terence HigginsTo ask the Secretary of State for the Home Department what powers exist to prosecute those who clone portable telephones and use the numbers belonging to others to make telephone calls; and if he will make a statement. [21806]
§ Mr. MacleanUnder section 42 of the Telecommunications Act 1984, it is an offence to use a cloned portable telephone. If it can be shown that the telephone was stolen from its owner it may be possible, subject to the evidence, to prosecute the user for handling stolen goods contrary to section 22 of the Theft Act 1968. There is no legislation which prohibits the actual cloning of a portable telephone.