I.01 Notification of prisoner arrival
This page specifies the information to be received and recorded on a prisoner's arrival, and its verification to ensure that the prisoner is correctly received into the prison.
I.01.01 Notification of prisoner's arrival
- The prison is notified of a prisoner's arrival by:
- the ‘New and Modified OWN/Sentences Report’ (this is required to be accessed at 2pm and 5pm daily), or
- electronically received imprisonment Warrant(s) / order(s) from the Courts, or
- advised by the prisoner movement co-ordinator of arrival of transferred prisoner.
- Receiving office staff check to ensure that reception of the prisoner will not exceed agreed muster levels. If the reception of the prisoner would exceed the agreed maximum muster level, the prison director must be immediately notified.
- Receiving office staff report the prison unlock muster to National Office by 8.30 am each day except Saturdays, Sundays and Public Holidays.
- Approved staff use the Daily Muster Online Tool (DMUST) to load and confirm the required data for their site, Monday to Friday.
- If the tool is not available then the required information is to be emailed to “PS National Musters”.
- To become an approved user of DMUST, access can be requested through the key systems section in Tātou.
- Corrections Act 2004 S34 applications (maximum period of detention in a Police jail).
- Applications are made by the Police directly to Principal Adviser Prison Population for prisoners detained in a Police jail.
- Corrections prisoners being held in custody by police in accordance with Corrections Act section 34 (3)(a)(i) are monitored to ensure detention timeframes are complied with per Corrections Act section 34 (5)(a)(b)(c).
Note: See I.01.Res.02 When a prisoner is on or off muster.
I.01.02 Receipt of (Mentally Impaired Persons) Orders
- If the prison receives either a Criminal Procedure (Mentally Impaired Persons) Act 2003 section 23 or a Section 35 Order directing the prison director of the prison to detain the offender, the receiving officer must immediately:
- contact the Registrar or a Deputy Registrar of the Court and advise that the prison is not a secure facility for the purpose of the Act, and
- request that a new amended order be issued ordering the offender's detention by the Director of an appropriate secure facility which issued the order.
- If the offender has arrived at the prison at the same time as the incorrect order, upon receipt of an amended / new order from the Court, arrangements should be made for the offender to be transported to the secure facility named on the order.
Note: For prisoners with an intellectual disability see I.01.Res.01 Prisoner with an intellectual disability.
I.01.03 Validation of Warrant(s) received from Courts
- On receiving any of the following Warrant(s) from the Court the receiving officer must immediately validate their accuracy:
- Warrant of Commitment for Sentence
- Warrant to Detain Defendant
- Warrant of Commitment Where Default in Payment of Fine (SP28)
- Registrar’s Certificates.
- A prisoner is not accepted on a Warrant(s) unless the Warrant(s) is addressed to a prison director and the following entries are completed:
Entries Type of Warrant CRN or FCN All Name All SCD Warrant of Commitment for Imprisonment DOB All Court of origin All Correct Offence
(referred to by full Crimes Act section or equivalent)
All Dated and signed
(either by hand or digitally authenticated by the proper authority)
All Date, time and location of next Court appearance Warrant to Detain Defendant Amount of outstanding fine and / or sentence Warrant of Commitment Where Default in Payment of Fine (SP28)
- The following entries, while not being a reason for not accepting the prisoner, should also be on the Warrant, If one of these entries is not on the Warrant, the information is to be obtained from the Court of origin:
- PRN / DNO
- Compare documentation with IOMS entry in the Receiving Sentence Screen to confirm that all Warrants have been received, and that the entries match the Warrants.
- Checks should include drawing the New and Modified OWN / Sentences Report and OWN / Sentence Interface Error Report twice daily.
Note: Reports are to be filed for auditing purposes.
- Criminal Traffic History and CARS reports are also checked to ensure that information matches the sentence on the Warrant(s).
- The receiving officer must check the Judges Sentencing Notes (if available) against Warrants to confirm that the sentence length is reflected in the Sentencing Notes.
- Once the correct information is verified, the receiving officer is to update IOMS to ensure that the system holds the correct data. Any adjustments made to IOMS should be followed up by a comment in the Sentence Note Screen.
- Receiving officer completes Checklist for New Arrivals (Local Form if used by site).
I.01.04 Validation of Registrar’s certificates
- A Registrar’s certificate (signed by a Registrar or a Deputy Registrar) is a valid committal order as referred to in Section 37 of the Corrections Act 2004 and is used:
- because the Judge concerned is not available to sign the Warrant
- pending the issuing of a Warrant (either a Warrant of Commitment on Adjournment or a Warrant of Commitment for Imprisonment).
- They are not to be considered as a permanent replacement for a Warrant.
- Receiving officers must ensure that when a Registrar’s Certificate is received, that a Warrant is obtained promptly from the Court concerned.
I.01.05 Validation of Warrant of Commitment Where Default in Payment of Fine (SP28) for prisoner on muster
- Receiving officer must check that the Warrant of Commitment Where Default in Payment of Fine (SP28) is executed in writing (signed, dated and numbered) in front of the prisoner by a constable or bailiff.
- The warrant must also specify the amount due and the term of imprisonment to be served.
- If the Warrant is cumulative on another Warrant of Commitment Where Default in Payment of Fine the Receiving office must re-calculate sentence and advise prisoner of any changes.
I.01.06 Discrepancies with Warrants
- Where there is any disparity, the receiving officer contacts the Court immediately by telephone and follows up by fax.
- Where the Warrant(s) / order(s) does not meet Warrant requirements and the prisoner has been sent by a Court, the prisoner remains in the custody of the delivering agent together with the papers until the correct Warrant has been received by the receiving officer.
- Should Warrants need to be returned to the Court for correction or if additional Warrants are outstanding, receiving officers are to maintain a record of this and ensure that there is a follow-up process in place so that an accurate list of outstanding Warrants is maintained.
- Any discrepancies between Warrants and Judges Sentencing Notes are reported to the relevant Court and a replacement Warrant is issued if applicable.
- Where practicable, any prisoner whose Warrant / IOMS details are not confirmed should not be transferred to any other prison.
- Where there is a need for a manual override (e.g. appeals / recalls) refer to National Office Operations Team.
I.01.07 Validation of signatures and use of stamps
- Receiving officer must check that the Warrant has either been signed by hand or endorsed with a signature stamp or digitally signed / authenticated by a Judge or a JP.
- The use of a signature stamp by a Judge or a JP is a legally binding signature and it is lawful for the signature stamp to be applied by the signing party themselves, or by any person authorised by the signing party to do so.
- The use of a digital signature / authentication by a Judge or a JP is a legally binding signature and it is lawful for the digital signature to be applied by the signing party themselves, or by any person authorised by the signing party to do so.
- If the receiving officer has any concerns relating to the use of a signature stamp or digital signature / authentication, they can enquire of the Court as to the administrative arrangements surrounding the use of a Judge's signature stamp / digital signature, particularly the authority for any person applying that stamp / digital signature if it is not applied by the Judge whose signature stamp / digital signature it is.
I.01.08 Validation of electronically received or original Warrants
- For legal purposes the following documents must be treated as the warrant issued under section 3.7 of the Criminal Procedure Rules 2012:
- A copy of the original warrant.
- A printout, or copy of a printout, of a warrant sent and received electronically.
- Original warrants and or electronically received warrants must be validated according to procedures. For electronically received warrants the senders email should be printed and attached to the printout of the warrant.
- Original warrant(s) when received should be compared with any electronic warrants already received and IOMS entry in the Receiving Sentence Screen to confirm that all warrants have been received, and that entries match.