Unauthorised articles, communications and recordings
66.—(1)  Any person who, without the authority of this Act, the regulations made under this Act or the express permission of the Commissioner —
(a)conveys, supplies or causes to be supplied or conveyed to any prisoner, or hides or places for his or her use any unauthorised article;
(b)brings or attempts by any means to introduce into any prison, or places or attempts to place where prisoners labour, any unauthorised article;
(c)brings or attempts to bring out of any prison, or conveys from any prisoner, any unauthorised article;
(d)makes any audio or visual recording in a prison;
(e)communicates with a prisoner, in circumstances where the person knows or ought reasonably to know that the communication is likely to encourage, incite or agitate any prisoner to commit a prison offence, and thereby encourages, incites or agitates a prisoner to commit a prison offence; or
(f)does any act, or omits to do any act which the person is required by law to do, which he or she knows or ought reasonably to know is likely to have any of the following effects, and does have that effect:
(i)prejudicing the safe custody of prisoners, the safety of any person in a prison, or the security of a prison; or
(ii)prejudicing the maintenance of good order and discipline in a prison,
shall be guilty of an offence.
[1/2014]
(2)  Any prison officer who, without the authority of this Act, the regulations made under this Act or the express permission of the Commissioner —
(a)knowingly suffers any unauthorised article to be sold to or received or used by or on behalf of any prisoner;
(b)lends or gives to any prisoner any unauthorised article;
(c)knowingly suffers any unauthorised article to be brought out of any prison, or to be conveyed from any prisoner;
(d)knowingly suffers the making of any audio or visual recording in a prison; or
(e)knowingly suffers any act or omission which he or she knows or ought reasonably to know is likely to have any of the following effects, and does have such effect:
(i)prejudicing the safe custody of prisoners, the safety of any person in a prison, or the security of a prison; or
(ii)prejudicing the maintenance of good order and discipline in a prison,
shall be guilty of an offence.
[1/2014]
(3)  Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both and, if the person is a prison officer, he or she may, unless the conviction is reversed on appeal, be dismissed from his or her office, and all arrears of pay due to him or her may be forfeited.
[1/2014]
(4)  In this section, “unauthorised article” means —
(a)any letter or document;
(b)any electronic storage device;
(c)any intoxicating substance, controlled drug or stimulant;
[Act 6 of 2022 wef 02/09/2022]
(d)any food or drink;
(e)any item of clothing;
(f)money; or
(g)any article not specifically authorised by the Commissioner to be brought into or out of a prison.
[1/2014]