Persons committing criminal offences while on a temporary release are not to be dealt with under section 128 of the Corrections Act 2004. They remain subject to and are dealt with under criminal law.
Offences against discipline
- Every prisoner (whether inside or outside of a prison) commits an offence against discipline who:
- disobeys any lawful order of an officer or a staff member, or disobeys or fails to comply with any regulation made under the Act or any rule of the prison made under section 33
- deliberately mismanages his or her work
- behaves in an offensive, threatening, abusive, or intimidating manner
- without authority, communicates with any person inside or outside the prison by using a telephone or other electronic communication device
- leaves or is absent from his or her cell or place of work or other place where the prisoner is required to be without permission or reasonable excuse
- without the approval of an officer, has any article in his or her cell or in his or her possession, or gives to or receives from any person any article, or attempts to obtain any article
- assaults, or fights with, any other person
- deliberately disfigures, damages, or destroys any part of the prison or any property that is not his or her own, or who loses any prison property because of his or her negligence or improper conduct
- obstructs any officer in the execution of his or her duty
- makes an allegation against any staff member, security officer, prisoner, or any other person lawfully in the prison, knowing that the allegation is false
- combines with other prisoners for a purpose that is likely to endanger the security or good order of the prison
- escapes from any prison or from lawful custody
- contrary to a direction given under section 41, refuses to submit to being photographed or to having his or her measurements or fingerprints taken, or to undergo a prescribed identification procedure
- being a prisoner who is temporarily removed from prison under section 62, is in breach of any condition imposed under section 64.
Offences relating to drugs, alcohol and smoking.
- Every prisoner commits an offence against discipline who:
- without the authority of a medical officer or health centre manager or unless section 79 (3) applies, uses any drug or consumes any alcohol (whether inside or outside a prison) or
(aa) smokes tobacco or any other substance inside a prison or
- having been required under section 124 to submit to a prescribed procedure
- refuses to comply with the requirement or
- without reasonable excuse, fails to comply with the requirement or
- does any of the following in respect of any sample required to be supplied (whether by that prisoner or any other prisoner) in accordance with a prescribed procedure:
- consumes, administers, or supplies any substance with intent to dilute or contaminate the sample
- otherwise tampers with the sample.
Offences committed by persons while on temporary release from custody under section 62
- Every person commits an offence against discipline who, without the authority of a medical officer or health centre manager, uses any drug or consumes alcohol during any period while the person is on temporary release from custody under section 62.
- Every person commits an offence against discipline who is in breach of a condition imposed on his or her release during any period while the person is on temporary release from custody under section 62.
Attempts, aids, counsels or procures
- Every prisoner or person on temporary release from custody who attempts to commit any offence against discipline, or who aids, counsels, or procures the commission of any such offence, is liable to be dealt with and punished in the same manner as if he or she had committed that offence.