65Prison offences

65 Prison offences (1) A prisoner must not— (a) assault or threaten any person; or (b) act in a disruptive, abusive, offensive, racist, discriminatory or indecent manner, whether by language or conduct; or (c) engage in gambling; or (d) traffic into a prison an unauthorised article or substance; or (e) have in the prisoner's possession an article or substance that is not— (i) issued or authorised by an officer; or (ii) prescribed by a medical officer, a registered medical practitioner or a dentist; or (iii) permitted under the Act or these Regulations; or (f) consume alcohol; or (g) use a drug of dependence that is not prescribed for the prisoner by a registered medical practitioner; or (h) use a drug of dependence prescribed for the prisoner by a registered medical practitioner in a manner that is not prescribed; or (i) possess an unauthorised article or substance unless the prisoner's possession of the unauthorised article or substance is approved by the Governor; or (j) smoke or use a tobacco product; or (k) misuse a telephone to threaten a person or to speak to a person who is not approved by the Governor; or (l) use any communication device (including a radio and a mobile telephone) that is not approved by the Governor; or (m) communicate, or cause to be communicated (including by radio, telephone, the Internet or any other means) any matter that the Governor is reasonably satisfied is contrary to— (i) the management, good order or security of a prison; or (ii) the safe custody or welfare of any prisoner; or (iii) the safety or welfare of any person (including the impact of the communication on a victim which may be distressing, traumatic or offensive); or (n) misuse a computer or any other electronic equipment accessed by installing, using or possessing hardware, programmes, software or other material that is not approved by the Commissioner; or (o) use or access the Internet; or (p) commission, arrange, enable or allow another person to use or access the Internet on the prisoner's behalf, unless use or access to the Internet is— (i) by a lawyer representing the prisoner, or from whom the prisoner is seeking legal advice, for the purposes of a legal proceeding; or (ii) by any person or body referred to in regulation 20 or section 47(1)(m) of the Act (other than a lawyer referred to in section 47(1)(m)(iii) of the Act) in the course of the person or body's official duties; or (iii) for a purpose approved by the Governor or the Commissioner in accordance with subregulation (2); or (q) send a letter or a parcel if the letter or the parcel— (i) threatens the security of the prison; or (ii) is of a threatening nature; or (iii) may be used to further an unlawful activity or purpose; or (iv) contains indecent, abusive, threatening or offensive written or pictorial material, or material which a victim may regard as distressing or traumatic; or (v) contains an indecent, obscene or offensive article or substance; or (r) receive a letter or parcel if the prisoner knows that the letter or the parcel— (i) threatens the security of the prison; or (ii) is of a threatening nature; or (iii) may be used to further an unlawful activity or purpose; or (iv) contains indecent, abusive, threatening or offensive written or pictorial material, or material which a victim may regard as distressing or traumatic; or (v) contains an indecent, obscene, offensive or unauthorised article or substance; or (s) act in a way which is detrimental to or threatens property of a prison; or (t) without the direction or permission of an officer— (i) be in a place where the prisoner is not permitted to be; or (ii) leave the place where the prisoner is required to be; or (u) engage in work in a prison industry in a careless or negligent manner; or (v) disobey a lawful order, direction or instruction of an officer; or (w) fail to comply with a direction under section 29A(1) of the Act; or (x) in relation to tests conducted under section 29A(1) of the Act— (i) interfere with a test or sample; or (ii) contaminate or substitute a sample; or (y) give the prisoner's property to another prisoner unless authorised by the Governor in accordance with regulation 62(3); or (z) sell the prisoner's property to another prisoner unless authorised by the Governor in accordance with regulation 62(3); or (za) receive or buy another prisoner's property unless authorised by the Governor in accordance with regulation 62(2); or (zb) damage another prisoner's property; or (zc) act in a way that is contrary to the security or good order of the prison or the safety of any other prisoner; or (zd) commit family violence within the meaning of section 5 of the **Family Violence Protection Act 2008**; or (ze) commission a third party to commit an act of family violence on the prisoner's behalf within the meaning of section 5 of the **Family Violence Protection Act 2008**; or (zf) breach a family violence intervention order, a final order or an interim order within the meaning of section 11 of the **Family Violence Protection Act 2008**; or (zg) breach a family violence safety notice within the meaning of section 4 of the **Family Violence Protection Act 2008**; or (zh) attempt to commit any of the offences referred to in paragraphs (a) to (zg). (2) For the purposes of subregulation (1)(p)(iii), the Governor or the Commissioner may approve a person to use or access the Internet having regard to— (a) the management, good order or security of a prison; or (b) the safe custody or welfare of any prisoner; or (c) the safety or welfare of any person (including the impact of the communication on a victim which may be distressing, traumatic or offensive). (3) A prisoner contravenes subregulation (1)(w) if the prisoner has not provided a sample of urine within 3 hours of being directed to do so under section 29A(1) of the Act.