Crimes (Administration of Sentences) Act 1999

This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 266: Proceedings for offences under the Act or regulations are to be dealt with summarily before the Local Court.

Correctional Centre Discipline Hearing of charges for “correctional centre offences”

SECTION DESCRIPTION

Pt 2 Div 6

52

Imprisonment by way of full-time detention — Correctional Centre Discipline Hearing of charges for “correctional centre offences” by governor

53 Penalties governor may impose if satisfied beyond reasonable doubt that inmate is guilty of “correctional centre offence”
54 Governor may refer an offence with which an inmate is charged to a Visiting Magistrate for hearing and determination if governor considers that, because of the serious nature of the offence, it should be so referred.
55 Hearing of charges by a Visiting Magistrate
56

Penalties Visiting Magistrate may impose:

one (but not more than one) of the following:

(a) 

reprimand and caution

(b) 

deprivation, for up to 90 days, of such withdrawable privileges as the Visiting Magistrate may determine

(c) 

confinement to a cell for up to 28 days, with or without deprivation of withdrawable privileges

(d) 

cancellation of any right to receive payments under s 7 for up to 14 days, but to the extent only to which those payments are additional to the payments made at the base rate to inmates generally or to inmates of a class to which the inmate belongs

(e) 

extension, by up to 6 mths at a time, of:

(i) 

the term of the inmate’s sentence, and

(ii) 

in the case of an offence occurring during a non-parole period of the inmate’s sentence, the non-parole period of the sentence

(f) 

imposition of a sentence of imprisonment for a period not exceeding 6 mths.
56A

Penalties for use/possession of mobile phone:

The possession of a mobile phone, a SIM card, mobile phone charger or any part thereof attracts a penalty of the deprivation of withdrawable privileges as may be determined for up to 6 mths (rather than 90 days, as set out in (b) above).

The following privileges are declared to be withdrawable privileges for the purposes of Div 6 of Pt 2 of the Act under cl 163 Crimes (Administration of Sentences) Regulation 2014:

(a) 

attendance at the showing of films or videos or at concerts or other performances

(b) 

participation in or attendance at any other organised leisure time activity

(c) 

use of, or access to, films, video tapes, records, cassettes or CDs or DVDs

(d) 

use of, or access to, television, radio or video, cassette, CDs or DVD players, whether for personal use or for use as a member of a group

(e) 

use of, or access to, a musical instrument, whether for personal use or for use as a member of a group

(f) 

use of library facilities, except in so far as their use is necessary to enable study or research to be undertaken by an inmate in the inmate’s capacity as a student who is enrolled in a course of study or training

(g) 

ability to purchase goods

(h) 

keeping of approved personal property

(i) 

pursuit of a hobby

(j) 

use of telephone, except for calls to legal practitioners and exempt bodies

(k) 

participation in contact visits

(l) 

permission to be absent from a correctional centre under a local leave permit or interstate leave permit.
58 If Visiting Magistrate is of opinion that the act or omission giving rise to the offence constitutes a criminal offence for which proceedings should be taken before a court, Visiting Magistrate must terminate proceedings and order that inmate be brought before the Local Court to be dealt with according to law
59 Governor or Visiting Magistrate may order compensation for loss of/damage to property to an amount not exceeding $500
60 Cumulative punishments: If 2 or more charges are dealt with together arising out of a single incident, the punishment must not exceed the maximum which can be imposed for a single correctional centre offence
63(2) Double jeopardy: Proceedings for correctional centre offence not to be commenced or continued if proceedings for a criminal offence commenced in a court for the act or omission giving rise to the correctional centre offence

Crimes (Administration of Sentences) Regulation 2014 No 550