Applications for legal representation
- If a prisoner requests permission under section 135 to be legally represented at a hearing of a charge of a disciplinary offence, the request must be considered by a Hearing Adjudicator, or if the case has been referred to a Visiting Justice under section 134, by a Visiting Justice.
Section 135 Corrections Act
- In determining whether to grant permission to a prisoner to be legally represented, the Hearing Adjudicator or Visiting Justice must have regard to-
- the seriousness of the conduct and the magnitude of the penalty likely to be imposed.
- the complexity of the issues likely to arise at the hearing (these include but are not limited to points of law).
- any procedural difficulties likely to be encountered (for example the need to cross-examine witnesses).
- the capacity of the prisoner concerned to present his or her case effectively.
- the need for reasonable speed generally in decision-making required for the determination of charges relating to disciplinary offences
- the need to ensure that hearings of those charges are conducted fairly as between-
- different prisoners
- the complainant and the defendant-
- any other matter the adjudicator considers relevant.
- If a request to be legally represented is considered by a Hearing Adjudicator and is granted, the Adjudicator must refer the case to a Visiting Justice for hearing and determination in accordance with section 137 (section 135(3)).
- If the Hearing Adjudicator does not permit the prisoner to be legally represented at the hearing, that Hearing Adjudicator or another Hearing Adjudicator must hear and determine the case in accordance with section 133, unless it is referred to a Visiting Justice under section 134 (section 135(4)).
- A Hearing Adjudicator or Visiting Justice must provide the prisoner and Prison Manager with a summary in writing of his or her reasons to permit or not to permit the prisoner to be legally represented (section 135(5)). Form A.07.02.F2 is to be used for this purpose.
Corrections Department NZ >Policy & Legislation >PS Policy and Procedures Manual >Section A Prisoner Support >A.07 Prisoner Discipline >A.07.01.R4 Applications for Legal Representation (National Requirement)
