31AOffence for prisoner to possess etc. certain items in prison

31A Offence for prisoner to possess etc. certain items in prison (1) A prisoner must not possess, make, use, control, conceal, give or supply a category 1 item or a category 2 item in a prison without a reasonable excuse. Penalty: 2 years imprisonment, in the case of a category 1 item; 12 months imprisonment, in the case of a category 2 item. (2) Subsection (1) does not apply to an item that is permitted by this Act or the regulations. (3) In a proceeding for an offence against subsection (1), evidence that a category 1 item or a category 2 item has been found on the person of a prisoner or in a room occupied solely by a prisoner is evidence that the item was in the possession of the prisoner. ***category 1 item*** means any of the following— (a) an explosive substance within the meaning of section 317 of the **Crimes Act 1958**; (b) a controlled weapon, a dangerous article or a prohibited weapon within the meaning of the **Control of Weapons Act 1990**; (c) a firearm within the meaning of the **Firearms Act 1996**; (d) a drug of dependence; (e) child abuse material within the meaning of section 51A of the **Crimes Act 1958**; (f) a device capable of communication using any technology, a part of such a device or a device that enables or facilitates the functioning of such a device; ***category 2 item*** means any of the following— (a) an implement or device used, made to be used or modified to be used, for administering a drug of dependence or a part of such an implement or device; (b) a drug or medication for which a prescription from a registered medical practitioner or a dentist is required but which has not been prescribed for the prisoner; (c) an electronic storage or recording device; (d) an electronic device that is capable of processing information but is not capable of communication; ***use***, in relation to a drug of dependence, has the same meaning as in section 70 of the **Drugs, Poisons and Controlled Substances Act 1981**.