Re-programming
Re-programming more commonly known as unblocking
is an illegal activity and not to be confused with unlocking.
When it is first made each phone is allocated
a unique electronic serial number, which will generally stay with
the phone for its working life.
When a lost or stolen phone is blocked the phone is prevented from
working.
Each time you use a mobile phone the signal
is checked against a database of blocked numbers. If the database
recognises your phone as having been blocked it won’t allow
it to work.
When a mobile phone is “unblocked”
unscrupulous individuals change the IMEI number and make it work
again. This practice is illegal and only the manufacturers are allowed
to alter it.
Unblocking mobile phones is a criminal offence
and carries custodial sentences. It is even an offence to simply
offer to unblock or reprogram a phone. The legislation is detailed
below:
Mobile Telephones (Re-Programming)
Act 2002
The Mobile Telephones (Re-Programming) Act 2002 made provisions
to prevent the re-programming of mobile telephones this involves
changing the 'unique device identifier' which is the international
equipment identification (IMEI ) number - i.e. the unique serial
number of the phone.
1(1) A person commits an offence if:
- he changes a unique device identifier,
- he interferes with the operation of a unique device identifier,
- he offers or agrees to change, or interfere with the operation of, a unique device identifier, or
- he offers or agrees to arrange for another person to change, or interfere with the operation of, a unique device identifier.
1(2) A unique device identifier is an electronic equipment identifier
which is unique to a mobile wireless communications device.
1(3) But a person does not commit an offence under this section
if:
- he is the manufacturer of the device, or
- he does the act mentioned in subsection
(1) with the written consent of the manufacturer of the device.
Notes:
- See also section 2 which provides offences relating to the
possession and supply of articles to be used for re-programming.
- Section 62 of the Violent Crime Reduction Act 2006 increased
the categories of persons committing offences under section 1
of the Act. Some of the offences contained within section 1 are
not dependent on re-programming actually taking place.
Section 2 of the Mobile Telephones (Re-Programming)
Act 2002 provides offences relating to the possession or supply
of equipment for reprogramming mobile telephones:
2(1) A person commits an offence if:
- he has in his custody or under his control anything which may
be used for the purpose of changing or interfering with the operation
of a unique device identifier and
- he intends to use the thing unlawfully for that purpose or to
allow it to be used unlawfully for that purpose.
2(2) A person commits an offence if:
- he supplies anything which may be used for the purpose of changing
or interfering with the operation of a unique device identifier,
and
- he knows or believes that the person to whom the thing is supplied
intends to use it unlawfully for that purpose or to allow it to
be used unlawfully for that purpose.
2(3) A person commits an offence if:
- he offers to supply anything which may
be used for the purpose of changing or interfering with the operation
of a unique device identifier, and
- he knows or believes that the person to whom the thing is offered
intends if it is supplied to him to use it unlawfully for that
purpose or to allow it to be used unlawfully for that purpose.
2(4) A unique device identifier is an electronic equipment identifier
which is unique to a mobile wireless communications device.
2(5) A thing is used by a person unlawfully for a purpose if in
using it for that purpose he commits an offence under section 1.
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