The Government has amended the South Australian Correctional Services Act 1982 (the Act) to include penalties for possession of prohibited items in a Prison and the Prison Buffer Zone.

As of 3 June 2021, the Minister for Correctional Services has declared all government-owned land surrounding a Correctional Institution as the Prison Buffer Zone, this includes the visitor car parks.

New penalties for possession of prohibited items in a Prison Buffer Zone

Section 51 of the Act now states:

  • A person who, without lawful excuse, has possession of a controlled drug, under the Controlled Substances Act 1984, in a prison buffer zone is guilty of an offence, the maximum penalty is 10 years imprisonment.
  • A person who, without lawful excuse, has possession of a prohibited item prescribed by the regulations in a prison buffer zone is guilty of an offence, the maximum penalty is 5 years imprisonment.

New penalties for possession of prohibited items within a Prison:

Section 51 of the Act now states:

  • A person, without the permission of the CE, who delivers to a prisoner, introduces into, or has possession of a controlled drug in a prison(within the meaning of the Controlled Substances Act 1984), is guilty of an offence, the maximum penalty is 10 years imprisonment.
  • A person who delivers to a prisoner, introduces into, or has possession of a prohibited item (prescribed by the regulations)in a prison, without the permission of the CE, a is guilty of an offence, the maximum penalty is 5 years imprisonment.

If you have possession of a prohibited item in a prison or in a prison buffer zone you may be charged.

*Note: the exemption of ‘lawful excuse’ enables limited possession in a prison buffer zone of personal use items that are otherwise legal, such as a mobile telephone or tobacco. These items must be stored and used in a way that is consistent with normal personal use and does not threaten prison security, such as being locked in your car while you visit a prisoner.