Western Australian Consolidated Acts

PRISONS ACT 1981 - SECT 52

52 .         Offences in respect of loitering, unauthorised entry and unauthorised communications

        (1)         Subject to this Act, a person who without the permission of the superintendent or the chief executive officer — 

            (a)         enters or attempts to enter a prison; or

            (b)         communicates or attempts to communicate with a prisoner,

                commits an offence.

        Penalty: $1 500 or 18 months’ imprisonment, or both.

        (2)         Where it is proved in proceedings under subsection (1) that a person has done or attempted to do an act which would contravene the subsection unless done with the permission of the superintendent or the chief executive officer, the onus shall be on the person charged to prove that he had that permission.

        (3)         A person who, for the purpose of obtaining permission to enter 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)         A person who — 

            (a)         loiters about or near a prison or in or near some other place where for the time being there are prisoners; or

            (b)         conceals or leaves an article at any place with the intent that the article be found or received by a prisoner,

                commits an offence.

        Penalty: $1 000 or 12 months’ imprisonment, or both.

        (5)         For the purposes of this section, a person found about or near a prison or in or near some other place where for the time being there are prisoners who, upon being warned and requested by a prison officer or police officer to depart therefrom, refuses or neglects to do so shall be deemed to be loitering.

        (6)         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) or (4) or who is reasonably suspected by him, of contravening subsection (1) or (4).

        (7)         A prison officer who arrests a person under subsection (6) shall deliver that person into the custody of a police officer who shall proceed according to law.

        [Section 52 amended by No. 47 of 1987 s. 11; No. 113 of 1987 s. 32.]

[ 53.         Deleted by No. 65 of 2006 s. 20.]