A.07.01.R2 Offences By Prisoners (National Requirement)

Offences on Temporary Release

• Persons committing criminal offences while on a temporary release are subject to criminal law and are not dealt with under section 128 of the Corrections Act 2004

Offences over which a Hearing Adjudicator or Visiting Justice has jurisdiction

• Offences over which a Hearing Adjudicator or Visiting Justice have jurisdiction are detailed in sections 128, 129, 130 and 131 of the Corrections Act 2004.

Section 128 Corrections Act 2004

Section 128. Offences by prisoners:-

1. Every prisoner (whether inside or outside of a prison) commits an offence against discipline who:-
   1. disobeys any lawful order of an officer or a staff member, or disobeys or fails to comply with any regulation made under the Act or any rule of the prison made under section 33:
   2. deliberately mismanages his or her work:
   3. behaves in an offensive, threatening, abusive, or intimidating manner:
   4. without authority, communicates with any person inside or outside the prison by using a telephone or other electronic communication device:
   5. 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:
   6. 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:
   7. assaults, or fights with, any other person:
   8. 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:
   9. obstructs any officer in the execution of his or her duty:
   10. makes an allegation against any staff member, security officer, prisoner, or any other person lawfully in the prison, knowing that the allegation is false:
   11. combines with other prisoners for a purpose that is likely to endanger the security or good order of the prison:
   12. escapes from any prison or from lawful custody:
   13. contrary to a direction given under section 41, refuses to submit to being photographed or to having his or her measurements or fingerprints taken, or to undergo a prescribed identification procedure:
   14. being a prisoner who is temporarily removed from prison under section 62, is in breach of any condition imposed under section 64

Section129 Corrections Act 2004: Offences Relating to Drugs & Alcohol

Section 129: Offences relating to drugs and alcohol.

Every prisoner commits an offence against discipline who:-

1. without the authority of a medical officer or "unless section 79 (3) applies", uses any drug or consumes any alcohol (whether inside or outside a prison); or-
2. having been required under section 124 to submit to a prescribed procedure,-
   1. refuses to comply with the requirement; or
   2. without reasonable excuse, fails to comply with the requirement; or
3. Tampers with any sample required to be supplied (whether by that prisoner or any other prisoner) in accordance with such a procedure.

Section 130 Corrections Act 2004: Offences committed while on temporary release from custody

Section 130: Offences committed by persons while on temporary release from custody under section 62

1. Every person commits an offence against discipline who, without the authority of a medical officer, uses any drug or consumes alcohol during any period while the person is on temporary release from custody under section 62.
2. Every person commits an offence against discipline who is in breach of a condition imposed on his or her release during any period while the person is on temporary release from custody under section 62.

Section 131 Corrections Act 2004: Attempts, Aids, Counsels or Procures.

1. Every prisoner or person on temporary release from custody who attempts to commit any offence against discipline, or who aids, counsels, or procures the commission of any such offence, is liable to be dealt with and punished in the same manner as if he or she had committed that offence.

Authority to Hear a Disciplinary Offence

1. A Hearing Adjudicator has the power under section 133(1) of the Corrections Act 2004 to hear any complaint relating to an offence against discipline alleged to have been committed by a prisoner, including a charge under section 131 of attempting to commit any offence against discipline or of aiding, counselling or procuring the commission of any such offence.
2. A Visiting Justice has the power under section 137(1) of the Corrections Act 2004 to hear any complaint relating to an offence against discipline alleged to have been committed by a prisoner, including a charge under section 131 of attempting to commit an offence against discipline or of aiding, counselling or procuring the commission of any such offence.
3. A Hearing Adjudicator cannot conduct a disciplinary hearing in a situation where a conflict of interest arises. In particular, he or she cannot conduct a disciplinary hearing when:
   • he or she has direct responsibility for the day to day management of the prisoner charged with the disciplinary offence, or
   • he or she is reported to directly by the person prosecuting the offence (clause 4, Schedule 7 Corrections Regulations 2005),
4. If the charge relates to a prisoner’s allegation against a staff member of a prison or a security officer, knowing that the allegation is false, the charge cannot be heard by a Hearing Adjudicator from the same prison at which the staff member is employed. It must be heard by either a Hearing Adjudicator from another prison or a Visiting Justice (section 128(2)(c)).