(3) For the purposes of this section the intentions and common purpose of prisoners may be inferred from the form and circumstances of their conduct and it shall be immaterial that conduct falling within subsection (2) above takes a different form in the case of different prisoners.

(5) Proceedings for an offence under this section shall not be brought except by or with the consent of the Director of Public Prosecutions.

Kenneth Baker said that section 1 was "intentionally quite strict"[5] As to sentencing, see R v Ali [1998] 2 Cr App R (S) 123, CA.

Section 3(2) provides that the Act came into force at the end of the period of two months that began on the date on which it was passed.

[6] The day (that is to say, 16 March 1992) on which the Act was passed (that is to say, received royal assent) is included in the period of two months.