M.02.07 Prisoner's request for reconsideration
Section 48(2) and (3) of the Corrections Act 2004 and regulation 50 of the Corrections Regulations 2005.
- A prisoner who is dissatisfied with the security classification he has been assigned may apply to the Chief Executive for a reconsideration of his security classification at any time, unless he has already had that security classification reconsidered under section 48 of the Corrections Act 2004 in the previous six months.
- When a prisoner makes an application for reconsideration, the request must be registered on the standard IOMS Interview / Complaint form. Unit staff receiving the form will register the request immediately on IOMS by completing section A and provide the prisoner with the receipt section of the form.
- Within the next working day, the Unit PCO will complete section B by referring the request to the regional senior advisor and must advise the prison director that a reconsideration request has been sent.
- The regional senior advisor must complete the reconsideration within 5 working days in Section C and note the outcome of the reconsideration (Senior advisor confirms security classification or that another security classification has to be assigned).
- The regional senior advisor will then complete section C, close the Interview/Complaint and advise the prison director of the outcome.
- The Prison Director will notify the prisoner of the reconsideration outcome in writing and will either:
- conduct another IOMS classification review if the regional Senior Advisor has directed it but must note that the requirement to conduct the next time bound review must be within 6 months of the original review which the prisoner requested reconsideration, or;
- maintain the current classification assignment if the regional Senior Advisor directs there is no change.
Note: This procedure excludes reconsiderations requests from maximum security classified prisoners (see M.02.06 Maximum Security Classification).