B.08.01.R3 Death of a prisoner whilst out in release to work

Legal custody on Release to Work

Prisoners approved for release to work under section 62 of the Corrections Act 2004 do not remain in legal custody when they have left the prison for work.

Death whilst on Release to Work

When a prisoner appears to have died whilst away from the prison on release to work, the employer must notify the prison guardroom immediately. The Prison Manager of the relevant prison must send a staff member to the scene.

The employer must be given prison contact details with instructions regarding notifying any death involving a release to work prisoner.

The employer has a legal responsibility to summon / render first aid, and when the prisoner’s death is established by a registered medical practitioner, call the Police, the Department of Labour (OSH) and preserve the scene.