56APenalty for use or possession of a mobile phone

56A Penalty for use or possession of a mobile phone

56A Penalty for use or possession of a mobile phone

(1) If the governor dealing with a charge relating to a correctional centre offence arising out of the use or possession of a mobile phone is satisfied on the balance of probabilities that the inmate is guilty of the offence, the governor may order that the inmate be deprived, for a period of not more than 6 months, of withdrawable privileges determined by the governor.

(1A) If the Visiting Judge dealing with a charge relating to a correctional centre offence arising out of the use or possession of a mobile phone is satisfied beyond reasonable doubt that the inmate is guilty of the offence, the Visiting Judge may order that the inmate be deprived, for a period of not more than 6 months, of withdrawable privileges determined by the Visiting Judge.

(2) To avoid doubt, if a penalty is imposed under this section in respect of a correctional centre offence, a governor or Visiting Judge must not also impose a penalty referred to in section 53 or 56, as the case may be, in respect of the same correctional centre offence.

(3) In this section—

mobile phone includes—

(a) a part of a mobile phone, and

(b) a mobile phone SIM card or a part of a mobile phone SIM card, and

(c) a mobile phone charger or a part of a mobile phone charger.

s 56A: Ins 2004 No 47, Sch 1 [14]. Am 2004 No 91, Sch 2.13; 2007 No 33, Sch 1.1; 2025 No 61, Sch 2.24[4]; 2025 No 79, Sch 1[2] [3].