Prisoners who are subject to disciplinary action have their charges heard in accordance with the legislation and if found guilty of non-compliance with the rules and regulations of the prison are disciplined in a fair, just and humane manner.
Performance Standards
In every prison, discipline and order must be maintained with firmness and fairness.
In the control of prisoners, staff members must seek to influence those prisoners through example and leadership and to enlist their willing co-operation.
No officer may take disciplinary action against a prisoner if that action is retaliatory in nature or inconsistent with acceptable standards of treatment of a prisoner in similar circumstances.
No prisoner may be permitted or required to exercise disciplinary powers over another prisoner.
A prisoner must promptly obey every lawful order that is given to him or her.
A prisoner who considers himself or herself to be aggrieved by a lawful order must obey that order but may, on the first convenient occasion, make a complaint.
The disciplining of each prisoner has regard for their cultural values, gender and any disability they may have.
Prisoners are informed of disciplinary and appeal procedures as part of their induction.
The disciplining of any prisoner is consistent with their management plan.
Staff may not deliberately act or speak in a manner which is likely to provoke a prisoner.
Unless the prisoner is the subject of an investigation by Police, an Inspector, Ombudsman or other official agency, they will be charged promptly after, and within 7 days of a staff member becoming aware of the act or omission alleged to constitute the offence (cl 5 of Schedule 7 Corrections Regulations).
In addition to written notice of the charge (Form A.07.01.F1) every prisoner must be given written information on the procedure that will be followed at the disciplinary hearing, their right to apply to have a charge dismissed in certain circumstances, to have a support person attend the hearing, call witnesses, to apply for legal representation and the circumstances in which legal representation can be approved (Form A.07.01.F2 – Notice to prisoners charged with a disciplinary offence).
Prisoners should be given copies of any incident reports or other prison reports that are relevant to their case should they request them. This should be done subject to the requirements of the Privacy Act 1993 and consultation should occur prior to the release of any intelligence reports.
Prison Managers must ensure that prisoners who are preparing their defence to a disciplinary charge are given paper and writing materials if they ask for them, and must facilitate as far as practicable in the circumstances, contact between the prisoner and any adviser or assistant (other than another prisoner or a person who is prohibited from visiting the prison pursuant to schedule 4 of the Corrections Regulations) who is helping the prisoner prepare their defence (cl 19 Schedule 7).
A prisoner may contact his or her legal adviser for the purpose of assisting with the preparation of their defence (cl 20 Schedule 7).
A prisoner charged with a disciplinary offence must attend the disciplinary hearing in respect of the charge (cl 23 Schedule 7) and the hearing must take place in the presence and hearing of the prisoner.
The person conducting the hearing must ensure a prisoner charged with an offence understands and participates in their disciplinary hearing (cl 24 of Schedule 7).
A charge in respect of a disciplinary offence must not be prosecuted by the manager of the prison concerned or a staff member who will be a witness at that hearing (cl 25 schedule 7).
Every charge in respect of a disciplinary offence must be heard reasonably promptly but the prisoner must be given sufficient time to prepare his or her defence (cl 9 Schedule 7).
Disciplinary offences are heard and penalties imposed only by persons with the authority to do so.
The prisoner is entitled to be heard and to cross-examine witnesses and any evidence given can be heard through the witness being sworn on oath or otherwise.
When the person conducting the hearing considers a prisoner should be charged before a court with an offence rather than by way of a disciplinary hearing, he or she may decline to proceed and request the appropriate authority to prosecute the prisoner. (sections 133(5) and 137(6) Corrections Act).
No penalties can be imposed on a prisoner unless a disciplinary hearing has been held and the prisoner pleads guilty to or is found guilty of the offence (cl 47 schedule 7).
No prisoner may be punished more than once for the same disciplinary offence (cl 49 schedule 7).
Appeals against a finding or penalty must be made in writing.
If in the opinion of the Prison Manager, the offending prisoner constitutes a risk to the security of the prison, then the prisoner is placed on segregation until such time as the appeal is heard.
