128Offences by prisoner

1. Every prisoner (whether inside or outside a prison) commits an offence against discipline who—

2. disobeys any lawful order of an officer or a staff member, or disobeys or fails to comply with any regulation made under this Act or any rule of the prison made under section 33:
3. deliberately mismanages his or her work:
4. behaves in an offensive, threatening, abusive, or intimidating manner:
5. without authority, communicates with any person inside or outside the prison by using a telephone or other electronic communication device:
6. leaves or is absent from his or her cell or place of work or other place where the prisoner is required to be without permission or reasonable excuse:
7. without the approval of an officer, has any article in his or her cell or in his or her possession, or gives to or receives from any person any article, or attempts to obtain any article:
8. assaults, or fights with, any other person:
9. deliberately disfigures, damages, or destroys any part of the prison or any property that is not his or her own, or who loses any prison property because of his or her negligence or improper conduct:
10. obstructs any officer in the execution of his or her duty:
11. makes an allegation against any staff member, security officer, prisoner, or any other person lawfully in the prison, knowing that the allegation is false:
12. combines with other prisoners for a purpose that is likely to endanger the security or good order of the prison:
13. escapes from any prison or from lawful custody:
14. contrary to a direction given under section 41, refuses to submit to—
    1. photographs being taken of the prisoner:
    2. biometric information being collected from the prisoner:
    3. measurements being taken from the prisoner:
    4. any other prescribed procedure designed to create a record to enable the subsequent identification of the prisoner.
15. being a prisoner who is temporarily removed from prison under section 62, is in breach of any condition imposed under section 64:
16. tattoos another prisoner:
17. receives a tattoo with his or her consent:
18. tattoos himself or herself:
19. contacts a person in breach of a court order or direction of any court:
20. contacts a person, or solicits anyone else to contact a person, who the prisoner knows or ought reasonably to know does not want to be so contacted.

21. If an allegation referred to in subsection (1)(j) is against a staff member of a prison or a security officer,—

22. a charge alleging an offence under that provision may only be laid,—
    1. in the case of a staff member, if the supervisor of that staff member or the prison manager gives his or her written approval to the laying of the charge:
    2. in the case of a security officer, if the supervisor of that security officer or the security contractor who employs that security officer gives his or her written approval to the laying of the charge:
23. the charge may not be laid until any investigation of the allegation by an inspector of corrections, an Ombudsman, or any other official agency has been completed:
24. the charge may only be heard by—
    1. a hearing adjudicator who is employed at another prison or appointed in respect of another prison than the prison at which the staff member is employed; or
    2. a Visiting Justice.