A.07.01.R3 Adjournment of Disciplinary Hearing (National Requirement)

Adjournment of Disciplinary Hearing

(Clauses 40-44 of Schedule 7 Corrections Regulations 2005)

1. A person who is prosecuting a disciplinary offence and a prisoner who is charged with the offence may apply, before or during the disciplinary hearing, to have it adjourned.
2. A person who is holding a disciplinary hearing must adjourn the hearing if:-
   • he or she is satisfied that the prisoner who is charged with the disciplinary offence has not had a proper opportunity to prepare his or her defence; or,
   • he or she is satisfied that a material witness is not available to give evidence at the disciplinary hearing; or,
   • the prisoner is charged with a disciplinary offence under section 129 or 130(1) of the Act and the prisoner wishes to obtain an independent analysis of the urine sample.
3. A person who is holding a disciplinary hearing may adjourn the disciplinary hearing if all parties consent to the adjournment.
4. A hearing to decide whether a disciplinary hearing should be adjourned may be held by way of a telephone conference, electronic device or video link if the prisoner charged with the disciplinary offence, the person prosecuting the disciplinary offence, and the person holding the disciplinary hearing agree in writing to its being held in that manner.
5. If a hearing is held by way of telephone conference, electronic device or video link the person holding the hearing must record in writing the outcome of the hearing and notify, in writing, the prisoner charged with the disciplinary offence and the person prosecuting the disciplinary offence of the outcome. Form (A.07.02.F2) may be used for this purpose.
6. If a disciplinary hearing has been adjourned, the prisoner may apply to an Inspector to have the charge dismissed if the charge has not been heard within 21 days of being laid.