46Seizure

46 Seizure (1) In carrying out searches under sections 44 and 45 a prison officer may seize any one or more of the following— (a) any thing found in the prison, whether in a person's possession or not, which the prison officer believes on reasonable grounds jeopardizes or is likely to jeopardize the security or good order of the prison or the safety of persons in the prison; S. 46(1)(ab) inserted by No. 45/2015 s. 4(1). (ab) any tobacco product or tobacco smoking accessory found on a person or in a person's possession, other than a tobacco product or a tobacco smoking accessory which a person is authorised to possess under the regulations or a direction of the Governor; (b) any thing found on a prisoner or in a prisoner's possession, other than a thing which the prisoner is authorized to wear or to possess under Division 4, the regulations, or a direction of the Governor; S. 46(1)(ba) inserted by No. 45/2015 s. 4(2). (ba) any tobacco product or tobacco smoking accessory found on a prisoner or in a prisoner's possession, other than a tobacco product or a smoking accessory which a prisoner is authorised to possess under the regulations or a direction of the Governor; (c) any thing which a prisoner is authorized to wear or to possess under Division 4, the regulations or a direction of the Governor, which the prison officer believes on reasonable grounds jeopardizes or is likely to jeopardize the security of the prison or the safety of persons in the prison. S. 46(1A) inserted by No. 31/2017 s. 6(1). (1A) In carrying out searches under section 45(2A) or (2B), an escort officer may seize any one or more of the following— (a) any thing found on a person or in a person's possession; (b) any thing found in, at or outside but near a prison— which the officer believes on reasonable grounds will afford evidence of the commission of an offence against section 32A(1). S. 46(2) amended by No. 31/2017 s. 6(2). (2) A prison officer or an escort officer who seizes any thing under subsection (1) or (1A) must immediately inform the Governor. (3) A Governor must deal in accordance with the regulations with any thing, which is not a drug of dependence, and is seized under this section. Division 4—Prisoners rights