M.01.03 Segregation of prisoners - standard requirements

  1. Segregation is the restriction or denial of a prisoner’s opportunity to associate with other prisoners in accordance with sections 58 to 60 of the Corrections Act 2004.

M.01.03.01 Requirements for segregations directions

  1. Request for segregation are completed in the appropriate form.
  2. Segregation directions and recommendations must be evidence-based by:
    1. incident reports
    2. misconduct reports where the prisoner has been found guilty of an offence
    3. outstanding charges under any other Act as a consequence of the prisoner’s behaviour whilst in prison
    4. file notes and
    5. any other information considered relevant to the direction for segregation.

      Note: Intelligence reports (or parts of) may be withheld from the prisoner where there is justification under the Privacy Act 1993 or Official Information Act 1982.
      The prisoner is to be informed (on the M.01.03.Form.08 Prison directors notification to the prisoner of the prisoners placement on segregation or continuation of segregation form) that the withheld documents exist and are being withheld and / or parts of the document(s) are being withheld, as the case may be, under the relevant provisions of these Acts (unless neither confirming nor denying their existence is justified under section 10 of the OIA or section 32 of the Privacy Act 1993).
  3. IOMS alerts indicating the segregated status and section of the directive for segregation are entered and reviewed accordingly for each and every period of segregation.
  4. Where ‘day’ or ‘days’ is used it means calendar day or days, unless specifically nominated as working days.

M.01.03.02 Requirements for segregated prisoners

  1. Where a prisoner's opportunity to associate with other prisoners be restricted or denied, the prison director must clearly state the reasons for the restrictions to associate with other prisoners.
  2. The prisoner's at risk status must be reviewed.
  3. A copy of all the documents related to the segregation direction must be given to the prisoner within one working day of the prisoner being placed on segregation.
  4. The prisoner is to be asked to acknowledge in writing receiving all the documents related to the segregation directions and that he / she has been informed of the reasons. If the prisoner is unable or refuses to acknowledge this in writing this refusal must be noted on the form and witnessed by two officers.
  5. A prisoner subject to a segregation direction who has or appears to have communication difficulties (oral and / or written) is to be provided with the information in a way that is understandable to the prisoner, for example using a language translator.
  6. Staff must complete a management plan using M.01.03.Form.11 Management plan for prisoners on directed segregation, for all prisoners within one working day of the prisoners being placed on directed segregation. The management plan has two specific purposes:
    1. managing the risk posed by the prisoner.
      The components of the management plan reflect the level of risk posed by that prisoner. Not all prisoners pose the same level of risk of harming staff, other prisoners, or of that prisoner being harmed by another prisoner.
      To assist staff in determining the appropriate components of the management plan to mitigate the potential risk related to the prisoner they should use the M.01.03.Res.01 Management plan component risk guidance.
    2. managing the prisoners return to the general population.
      Before a prisoner can be safely returned to the general population, the issues that resulted in them being placed on directed segregation will need to be addressed.
      These issues will be particular to the prisoner and may include behavioural, communication or perception issues (e.g. new arrival unsubstantiated fear of being assaulted).
  7. A prisoner subject to a segregation direction must be detained, so far as is practicable in the circumstances and, if it is not inconsistent with the purposes of the direction, under the same conditions as if they were not subject to a segregation direction.
  8. A prisoner must not be denied access to activities consistent with the fulfilment of their offender management plan or to their authorised property, simply because they are subject to a segregation direction.
  9. A prisoner subject to a segregation direction is still entitled to the minimum entitlements set out in section 69 of the Corrections Act 2004. However a prisoner, subject to a direction under section 58 or 59 of the Corrections Act 2004, may be denied access to information and education, if the prison director considers that the prisoner is likely to damage prison property.
  10. On transfer to another prison, the prisoner’s segregation status must be reviewed (by the receiving prison) to determine whether the reasons behind the initial segregation are still applicable. If the reason(s) to segregate has not changed and the direction will continue, the management plan must be updated to meet the receiving site requirements.

M.01.03.03 Register

  1. A register is to be maintained by prison director (or other authorised delegate) for recording all segregation directions.
  2. The register is to be available to be viewed at any time by Inspectors of Corrections, the Ombudsmen, auditors or prison monitors.
  3. The register must include information in column A for Sections 58 (1)(a & b), 59(1)(b) and 60, and column B for Section 59 (1) (a) Voluntary protective custody.

    A) Sections 58 (1)(a & b), 59(1)(b) and 60B) Section 59 (1) (a)Voluntary Protective Custody
    1prisoner’s full name1prisoner’s full name
    2the relevant section under which the direction was given2section under which the direction was given
    3reason(s) for the segregation3reason(s) for the segregation
    4date segregation commenced4date segregation commenced
    5whether initial or continued segregation5date of review
    6date until the direction may remain in force6reason for review
    7date(s) segregation is directed to continue7outcome of review
    8expiry date of current segregation direction8expire date if revoked

M.01.03.04 Oral approvals

  1. The person giving the oral direction must sign the segregation form no later than the next working day and must record on the form, the time and date of that (oral) direction.
  2. Segregation starts at the time the oral direction is given. The date and time when the prison director is contacted for the purpose of giving an oral direction must be recorded. A copy of the signed form confirming the oral direction must be given to the prisoner as soon as it is signed.

M.01.03.05 Continuation of segregation beyond initial 14 days

  1. Applications by the prison for the review and / or continuation of a segregation direction cannot be retrospectively approved and signed.
  2. The processing of recommendations and approvals to continue a segregation direction must be done in advance and must allow sufficient time for a decision on a further segregation direction to be made before the expiry date of the current direction.
  3. In circumstances where a prisoner is released from segregation and within five days of being released that prisoner is subject to a new segregation direction, then time will continue to run for each review period of the segregation direction from the first day of the original direction.
  4. The prisoner should not be removed from segregation upon the expiry of a direction, only to be subjected, within five days of being released from segregation, to a new direction based on the same reasons and circumstances as the prisoner's previous segregation direction (i.e. these reasons and circumstances were evident to the prison at the time the original direction expired).
  5. If a prisoner moves directly from one category of segregation (for example from section 59 to section 58, or section 60 to section 58) without a break of the segregation period, the new segregation direction is to start from the date the prisoner was placed on the original direction. The original direction is to be formally revoked and the new segregation direction formally approved. The decision to change the category of segregation must be robustly supported by evidence justifying the new segregation direction.
  6. Information supporting a segregation direction or recommendation to continue a direction and the prisoner's sentence plan file notes justifying the segregation direction must be forwarded to the senior advisor to regional commissioner. This is to verify the cohesion of the evidence to support the segregation direction.
  7. Where the prisoner is already subject to a period of segregation and the prison director is recommending the continuation of that segregation direction, the supporting documentation required to be forwarded to the senior advisor to regional commissioner need only cover the current period of segregation.
  8. The prison must provide supporting information commenting on the effectiveness (or ineffectiveness) of the segregation to date and of any interventions used to assist the prisoner's return to the main prison population.

M.01.03.06 Application to Visiting Justice for direction beyond 3 months

  1. Only a Visiting Justice can direct that segregation for the purpose of security, good order, or safety continue in force beyond 3 months. If a Visiting Justice directs that segregation continue in force beyond 3 months then the direction must be reviewed by a Visiting Justice: not more than 3 months from the date on which the Visiting Justice directed that segregation continue in force beyond 3 months and at subsequent intervals of not more than 3 months.
  2. Before an application and supporting documents are forwarded by the prison to a Visiting Justice, these must be forwarded by the prison director to the senior advisor to regional commissioner to consider whether or not to revoke the direction. The application and supporting documents must reach the senior advisor to regional commissioner at least 3 working days before they are due to be forwarded by the prison director to a Visiting Justice.
  3. If a segregation direction is revoked by senior advisor to regional commissioner or by the Visiting Justice, the prisoner must be removed from segregation immediately upon the receipt by the prison director of the revocation notification from senior advisor to regional commissioner or the Visiting Justice. If the direction is not revoked by the senior advisor to regional commissioner, the prison director must, no later than 7 days before the segregation expiry date, forward to the Visiting Justice the application and supporting documents.
  4. New information not available to the prison director at the time the documentation is forwarded to the senior advisor to regional commissioner and / or the Visiting Justice can subsequently be forwarded as supplementary information.
  5. The prison director must provide the prisoner with a copy of the application and supporting documents at the same time that these are forwarded to a Visiting Justice.
  6. Any supplementary information subsequently forwarded to the Visiting Justice must also be copied to the prisoner at the same time.
  7. The prisoner is to be asked to acknowledge in writing that he / she has received a copy of the application and supporting documents, as well as any supplementary information.
  8. If the prisoner refuses to acknowledge in writing that he / she has been given a copy of the application and supporting documents, then this refusal must be noted on the form and witnessed by two prison officers.

M.01.03.07 Visits to prisoner by staff

  1. A prisoner who, as a consequence of a segregation direction, is denied the opportunity to associate with other prisoners must at least once a day be visited by the prison director for the purpose.
  2. Any officer authorised by the prison director for the purpose must be an officer of a rank no less than PCO. This includes staff of the unit in which a prisoner is being held for the purpose of the segregation direction. Excludes the officer that requested the initial period of segregation.
  3. Where a prisoner on voluntary protective custody segregation is able to associate with other prisoners who are subject to segregation on the same basis, there is no requirement for the visits.

M.01.03.08 Notifications schedule

  1. When a prisoner is denied the opportunity to associate with other prisoners, as a consequence of any segregation direction, the health centre manager of a prison must be notified reasonably promptly. The notification can be by electronic mail and a copy of the email attached to the documents.
    Note 1: Reasonably promptly means: The health centre manager is notified as soon as practical on the day the direction is made; If notification on the day is not practical, the health centre manager must be notified by 10am on the following calendar day.
  2. On the day a direction to segregate a prisoner is made, the senior advisor to regional commissioner must be promptly informed (within 3 working days from the time the direction to segregate is made) of the reasons of that direction, and receive all related documentation.

M.01.03.09 Revocations

  1. The prison director must revoke a segregation direction for directed protective custody or for the purpose of security, good order, or safety if there ceases to be any justification for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners.
  2. The prison director may also revoke a segregation direction for the purpose of medical oversight (section 60(1) of the Corrections Act 2004, but only where the heath centre manager advises that there has ceased to be any justification for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners.
  3. When the prison director revokes a direction for segregation the senior advisor to regional commissioner is to be informed within 7 days of the revocation being made, by being forwarded a copy of the revocation made on the relevant form.
  4. Any segregation direction may be revoked at any time by the senior advisor to regional commissioner.
  5. A Visiting Justice may revoke a direction for segregation for the purpose of security, good order, or safety at any time.
  6. When a Visiting Justice revokes a direction for segregation for the purpose of security, good order, or safety the senior advisor to regional commissioner is to be informed within 7 days of the revocation being made by being forwarded a copy of the revocation made on the relevant form.

M.01.03.10 Requests for revocation

  1. A prisoner who is subjected to a segregation direction for the purpose of directed protective custody, security, good order, or safety or medical oversight is to be informed that he or she may request, in writing, that the senior advisor to regional commissioner revoke the direction at any time.
  2. A request for revocation is to be forwarded by the prison director within 2 days of receiving it, and should be received by the senior advisor to regional commissioner, within 4 days of the prisoner making the request.
  3. A prisoner who is subjected to a segregation direction for the purpose of security, good order, or safety is also to be informed that he or she may, at any time, request, in writing, revocation by a Visiting Justice.

M.01.03.11 Review of decision

  1. A prisoner subject to a segregation direction for the purpose of directed protective custody, security, good order, or safety or medical oversight may apply to the senior advisor to regional commissioner to review their segregation. The request must be in writing and is to be forwarded to the senior advisor to regional commissioner within 2 days of the prison director receiving the written request It should be received by the senior advisor to regional commissioner, within 4 days of the prisoner making the request.
  2. A prisoner subject to a segregation direction for the purpose of security, good order, or safety may apply to a Visiting Justice, in writing, to review their segregation. The request is to be forwarded to a Visiting Justice within 2 days of the prison director receiving the written request.
  3. Every prisoner has the right to complain about a segregation direction to an Ombudsman or Inspector of Corrections, and must be informed of this right promptly upon being segregated.