Unlawful assembly, riot and mutiny
122 Unlawful assembly, riot and mutiny
A prisoner must not take part in an unlawful assembly.Maximum penalty—3 years imprisonment.
A prisoner must not take part in a riot or mutiny.Maximum penalty—
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 corrective services facility and the security of the facility is endangered by the act—life imprisonment; or
if, during the riot or mutiny, the prisoner demands something be done or not be done with threats of injury or detriment to any person or property—14 years imprisonment; or
if, during the riot or mutiny, the prisoner escapes or attempts to escape from lawful custody, or helps another prisoner to escape or attempt to escape from lawful custody—14 years imprisonment; or
if, during the riot or mutiny, the prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, any property—10 years imprisonment; or
otherwise—6 years imprisonment.
An offence against this section is a crime.
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 corrective services facility is endangered.prisoner means a prisoner in a corrective services facility.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—
assembled with intent to carry out a common purpose and there are reasonable grounds to believe the prisoners will—
tumultuously disturb the peace; or
provoke other prisoners to tumultuously disturb the peace; or
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—
tumultuously disturb the peace; or
provoke other prisoners to tumultuously disturb the peace.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.