Crimes (Administration of Sentences) Act 1999 No 93

Currency

As amended to Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Act 2019 (No 5). Commenced 1 July 2019. Current to 2 July 2019.

Jurisdiction

Section 266: Proceedings for offences under the Act or regulations are to be dealt with summarily before the Local Court.

SECTION DESCRIPTION PENALTY (MAX)
32 Breach of condition of interstate leave permit 10 pu

Pt 2 Div 6

52

Imprisonment by way of full-time detention — Correctional Centre Discipline Hearing of charges for “correctional centre offences” by governor

 
53 Penalties governor may impose if satisfied beyond reasonable doubt that inmate is guilty of “correctional centre offence”  
54 Governor may refer an offence with which an inmate is charged to a Visiting Magistrate for hearing and determination if governor considers that, because of the serious nature of the offence, it should be so referred.  
55 Hearing of charges by a Visiting Magistrate  
56

Penalties Visiting Magistrate may impose:

one (but not more than one) of the following:

(a) 

reprimand and caution

(b) 

deprivation, for up to 90 days, of such withdrawable privileges as the Visiting Magistrate may determine

(c) 

confinement to a cell for up to 28 days, with or without deprivation of withdrawable privileges

(d) 

cancellation of any right to receive payments under s 7 for up to 14 days, but to the extent only to which those payments are additional to the payments made at the base rate to inmates generally or to inmates of a class to which the inmate belongs

(e) 

extension, by up to 6 mths at a time, of:

(i) 

the term of the inmate’s sentence, and

(ii) 

in the case of an offence occurring during a non-parole period of the inmate’s sentence, the non-parole period of the sentence

(f) 

imposition of a sentence of imprisonment for a period not exceeding 6 mths.

56A

Penalties for use/possession of mobile phone:

The possession of a mobile phone, a SIM card, mobile phone charger or any part thereof attracts a penalty of the deprivation of withdrawable privileges as may be determined for up to 6 mths (rather than 90 days, as set out in (b) above).

The following privileges are declared to be withdrawable privileges for the purposes of Div 6 of Pt 2 of the Act under cl 163 Crimes (Administration of Sentences) Regulation 2014:

(a) 

attendance at the showing of films or videos or at concerts or other performances

(b) 

participation in or attendance at any other organised leisure time activity

(c) 

use of, or access to, films, video tapes, records, cassettes or CDs or DVDs

(d) 

use of, or access to, television, radio or video, cassette, CDs or DVD players, whether for personal use or for use as a member of a group

(e) 

use of, or access to, a musical instrument, whether for personal use or for use as a member of a group

(f) 

use of library facilities, except in so far as their use is necessary to enable study or research to be undertaken by an inmate in the inmate’s capacity as a student who is enrolled in a course of study or training

(g) 

ability to purchase goods

(h) 

keeping of approved personal property

(i) 

pursuit of a hobby

(j) 

use of telephone, except for calls to legal practitioners and exempt bodies

(k) 

participation in contact visits

(l) 

permission to be absent from a correctional centre under a local leave permit or interstate leave permit.

58 If Visiting Magistrate is of opinion that the act or omission giving rise to the offence constitutes a criminal offence for which proceedings should be taken before a court, Visiting Magistrate must terminate proceedings and order that inmate be brought before the Local Court to be dealt with according to law  
59 Governor or Visiting Magistrate may order compensation for loss of/damage to property to an amount not exceeding $500  
60 Cumulative punishments: If 2 or more charges are dealt with together arising out of a single incident, the punishment must not exceed the maximum which can be imposed for a single correctional centre offence  
63(2) Double jeopardy: Proceedings for correctional centre offence not to be commenced or continued if proceedings for a criminal offence commenced in a court for the act or omission giving rise to the correctional centre offence  
64(1) False or misleading statement in connection with proceedings for breach of correctional centre discipline 5 pu
188
(a) 

refuse, fail, neglect to comply with requirement to appear/produce document before Parole Authority or for examination by judicial member

(b) 

produce document false or misleading in material particular

(c) 

make false or misleading unsworn statement before Parole Authority.

5 pu
189(1) Misconduct before Parole Authority 20 pu or 28 days
202
(a) 

refuse, fail, neglect to comply with requirement to appear/produce document before Serious Offenders Review Council or for examination by judicial member

(b) 

produce document false or misleading in material particular

(c) 

make false or misleading unsworn statement before Review Council.

5 pu
203 Misconduct before Review Council 10 pu
236Q(1) Correctional employee engaging in sexual conduct/intimate relationship with inmate/person subject to community-based order 20 pu and/or 2 yrs
253C(1) Bring spirituous/fermented liquor into place of detention 10 pu and/or 6 mths
253C(2) Bring/introduce prescribed poison into place of detention 20 pu and/or 2 yrs
253C(4) Bring/introduce small quantity of drug into detention centre 50 pu and/or 2 yrs
253D(1)(a) Bring/introduce syringe into place of detention 2 yrs
253D(1)(b) Supply/attempt to supply syringe to inmate in lawful custody 2 yrs
253E(1) Possess offensive weapon/instrument in a place of detention 50 pu and/or 2 yrs
253F(1) Inmate possess mobile telephone/part thereof, SIM card/charger 50 pu and/or 2 yrs
253FA(1) Possess remotely piloted aircraft in correctional centre or a residential facility/transitional centre near a correctional centre 20 pu and/or 2 yrs
253FB(1) Possess remotely piloted aircraft in prohibited airspace 20 pu and/or 2 yrs
253FB(3) Operate remotely piloted aircraft in prohibited airspace 20 pu and/or 2 yrs
253G(1)(a) Loiter about/near place of detention without authority 10 pu and/or 6 mths
253G(1)(b) Enter/attempt to enter place of detention without authority 10 pu and/or 6 mths
253G(1)(c) Communicate/attempt to communicate with inmate without authority 10 pu and/or 6 mths
253G(2)(a) Deliver/attempt to deliver thing to inmate without authority 20 pu and/or 2 yrs
253G(2)(b) Bring/attempt bring thing into place of detention without authority 20 pu and/or 2 yrs
253G(2)(c) Convey/attempt to convey thing out of place of detention 20 pu and/or 2 yrs
253G(2)(d) Receive thing to take out of place of detention 20 pu and/or 2 yrs
253G(2)(e) Secrete/leave thing for it to be found/received by inmate 20 pu and/or 2 yrs
253H(1) Visitor must leave possessions in storage facilities 5 pu
253N Fail/refuse to comply with request/direction of correctional officer, to produce anything detected on/with person/in vehicle/resist/impede search 10 pu
257 Unlawfully disclose information obtained in connection with the administration or execution of Act 100 pu and/or 2 yrs
264(1) Wearing or possession of correctional officer uniform by others 10 pu and/or 6 mths
265 Impersonate correctional officer 10 pu and/or 6 mths
271 Regulations may create offences 20 pu