CORRECTIVE SERVICES ACT 2006 - SECT 135 Person near prisoner

CORRECTIVE SERVICES ACT 2006 - SECT 135

135 Person near prisoner

(1) This section applies if an official with control of a prisoner reasonably believes a person near the prisoner is acting in a way that poses a risk to—

(a) the security of the prisoner; or

(b) the security or good order of the place in which the prisoner is detained.

(2) The official may require the person to leave the vicinity of the prisoner or place of detention.

(3) When making the requirement, the official must warn the person that—

(a) it is an offence for the person not to comply with the requirement, unless the person has a reasonable excuse; and

(b) the official may take the action mentioned in subsection (5) .

(4) The person must comply with the requirement, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—40 penalty units or 1 year’s imprisonment.

(5) If the person fails to comply with the requirement, the official, using reasonably necessary force, may—

(a) remove the person from the vicinity of the prisoner or place of detention; or

(b) if the official is not a police officer, detain the person until the person can be handed over to a police officer.

(6) However, the person must not be detained under subsection (5) (b) for longer than 4 hours.

(7) In this section—


"official" means a corrective services officer, police officer or proper officer of a court.


"prisoner" includes a prisoner of a court.