Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person commits
an offence who conveys, brings or in any manner introduces any article into a
prison or attempts to convey, bring or in any manner introduce any article
into a prison —
(a) with
intent to breach the good order, security or good government of a prison; or
(b)
where the article is of a kind likely to jeopardise the good order, security
or good government of a prison.
Penalty: $2 000 or 18 months’
imprisonment, or both.
(2) A person who,
without the permission of the superintendent or the chief executive officer,
conveys, brings or in any manner removes any article out of a prison that he
did not have in his possession when he was admitted to the prison commits an
offence.
Penalty: $2 000 or 18 months’
imprisonment, or both.
(3) A person who, for
the purpose of obtaining permission to convey, bring or remove any article out
of a prison, knowingly makes a false statement or representation or knowingly
gives information that is false in a material particular commits an offence.
Penalty: $1 000 or 12 months’
imprisonment, or both.
(4) An officer who
suffers any article to be dealt with in the manner prohibited by
subsection (1) or (2) commits an offence.
Penalty: $2 000 or 18 months’
imprisonment, or both.
(5) A police officer
or a prison officer may arrest without the necessity of a warrant a person
whom he finds to be contravening subsection (1), (2) or (4) or who is
reasonably suspected by him of contravening subsection (1), (2), or (4).
(6) A prison officer
who arrests a person under subsection (5) shall deliver that person into
the custody of a police officer and thereupon such police officer shall
proceed according to law.
(7) Where it is proved
in proceedings under subsection (2) or (4) that a person has conveyed,
brought or removed an article out of a prison, or attempted to do so, the onus
shall be on the person charged to prove the permission of the superintendent
or the chief executive officer in relation thereto.
(8) A prison officer
who is convicted of an offence under this section forfeits his office.
[Section 50 amended by No. 47 of 1987
s. 11; No. 113 of 1987 s. 32.]