Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 129

Letters by people in custody

    (1)     Subject to subsection (4), if a letter written by a person in custody on a charge or after conviction of an offence is addressed to the Director it must immediately be forwarded unopened to the Director by the person in charge.

    (2)     Subject to subsection (4), if a letter written by the Director is addressed to a person in custody on a charge or after conviction of an offence, it must immediately be forwarded unopened to the person to whom it is addressed by the person in charge.

    (3)     A person must not prevent or hinder the forwarding of a letter referred to in subsection (1) or (2).

Penalty:     120 penalty units or imprisonment for 12 months or both.

    (4)     If a letter referred to in subsection (1) or (2) is suspected by the person in charge of containing drugs, weapons or other contraband, the letter may be opened by the person in charge or his or her delegate in the presence of—

        (a)     the person who wrote the letter and the Director or a member of staff of the Office of Police Integrity; or

        (b)     the person to whom the letter is addressed and the Director or a member of staff of the Office of Police Integrity—

as the case requires.

    (5)     A person who opens a letter in accordance with subsection (4) is not guilty of an offence under subsection (3).

    (6)     In this section—

"person in charge" means the person who is for the time being in charge of the place or institution where the writer of the letter or the person to whom the letter is addressed (as the case requires) is detained.



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