South Australian Current Acts

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CORRECTIONAL SERVICES ACT 1982 - SECT 49

49—Disrupting security or order

        (1)         A prisoner must not take part in an unlawful assembly.

Maximum penalty: Imprisonment for 3 years.

        (2)         A prisoner must not take part in a riot or mutiny.

Maximum penalty:

            (a)         if, during the riot or mutiny, the prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a correctional institution and the security of the correctional institution is endangered by the act—imprisonment for 15 years; or

            (b)         if, during the riot or mutiny, the prisoner

                  (i)         demands something be done or not be done with threats of injury or detriment to any person or property; or

                  (ii)         escapes or attempts to escape from lawful custody, or helps another prisoner to escape or attempt to escape from lawful custody,

imprisonment for 10 years; or

            (c)         if, during the riot or mutiny, the prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, any property—imprisonment for 7 years; or

            (d)         in any other case—imprisonment for 4 years.

        (3)         In this section—

"mutiny" means 3 or more prisoners collectively challenging authority under this Act, with intent to subvert the authority, if the security of the correctional institution is endangered;

"riot" means an unlawful assembly that has begun to act in so tumultuous a way as to disturb the peace;

"unlawful assembly" means 3 or more prisoners

            (a)         assembled with intent to carry out a common purpose and there are reasonable grounds to believe the prisoners will—

                  (i)         tumultuously disturb the peace; or

                  (ii)         provoke other prisoners to tumultuously disturb the peace; or

            (b)         who, having assembled with intent to carry out a common purpose, whether or not the assembly was lawful, conduct themselves in a way that there are reasonable grounds to believe the prisoners will—

                  (i)         tumultuously disturb the peace; or

                  (ii)         provoke other prisoners to tumultuously disturb the peace.



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