Victorian Current Acts Victorian Current Acts(1) A person who without being authorized to do so by this Act or the regulations—
(a) enters or attempts to enter a prison; or
(b) communicates or attempts to communicate with a prisoner; or
(c) takes or sends or attempts to take or send anything into or out of a prison—
is guilty of an offence.
Penalty: 2 years imprisonment.
(2) If a prison officer believes on reasonable grounds that a person who is outside but near a prison or near a place where prisoners are, is acting in a way which threatens or is likely to threaten the security of the prison or the prisoners, the prison officer may order the person to leave the neighbourhood of the prison or place.
(3) A person who disobeys an order to leave the neighbourhood of a prison or place is guilty of an offence.
Penalty: 5 penalty units.
S. 32(4) substituted by No. 16/1991 s. 8.
(4) If a prison officer believes on reasonable grounds that a person is committing or has committed an offence under this section, the prison officer may apprehend the person without warrant.
S. 32(4A) inserted by No. 16/1991 s. 8, amended by No. 37/2014 s. 10(Sch. item 32.5).
(4A) A prison officer who has apprehended a person pursuant to subsection (4) must as soon as possible deliver the person to the custody of a police officer to be dealt with according to law.
(5) The Crimes Act 1958 (except section 458(1) and 458(2)) applies to the apprehension of a person under this section as if the person were found committing an offence within the meaning of section 458(1)(a) of that Act [1] .
S. 32A inserted by No. 31/2017 s. 4.