This section details the processes to be followed when a resident of a Public Protection Order Residence is held or received at a prison. Sections 74 to 90 of the Public Safety (Public Protection Orders) Act 2014 define the circumstances under which residents may be authorised to be detained in a prison. There are three different scenarios:
Residence destroyed or uninhabitable
Court imposed detention.
I.09.01 Security Emergency – section 74
The Residence Manager of the PPO Residence may seek the assistance of the prison director to authorise the use of prison staff to restrain a resident who is:
harming, or continuing to harm, themselves or others; or
damaging, or continuing to damage, property.
The Residence Manager and the prison director may authorise the detention of the resident to a prison who appears to pose such an unacceptably high risk to the resident or to others, or to both, that the resident cannot be safely managed in the Residence.
The Residence Manager and the prison director will complete and sign the authority to initially detain the resident using I.09.Form.01 Initial authority to restrain and detain resident in prison.
Prison staff involved in assisting the Residence with the restraint and detention of the resident will be required to provide input into the incident report generated by the Residence staff – the incident is not to be registered in IOMS. If force is used, the Use of Force register is not to be completed as the incident is not prison related. A debrief may be undertaken by the Residence Manager for the purposes of completing the Residence incident report.
I.09.02 Residence is Destroyed or Becomes Uninhabitable – Section 76
Where a Residence is destroyed or becomes uninhabitable, one, some or all of the residents may need to be moved from the Residence to a prison. The prison director will complete I.09.Form.02 Initial authority to detain due to residence becoming uninhabitable authorising the named resident/s to be detained in the prison.
Should the resident/s not be able to return to the Residence after 72 hours, the prison director must make application to the Court for a Transitional Detention Order authorising the continued detention of the residents.
I.09.03 Court Imposed Detention – section 85
A Prison Detention order may be sought by the Chief Executive under section 85 of the Public Safety (Public Protection Orders) Act 2014 at anytime, including when a prisoner is about to be released and the Court is considering an application for a Public Protection Order.
This may be an Interim or final Prison Detention Order and may be imposed against a person immediately after making a public protection order against that person.
I.09.04 Reception and Management of Residents
Residents detained in prison on authorisation of the Residence Manager, prison director or by order of the Court are treated the same as a remand accused prisoner under section 86 of the Public Safety (Public Protection Orders) Act 2014.
For a serving prisoner subject to a Prison Detention Order on release, Receiving Office staff will:
use the IOMS release type ‘Revert to remand’
select ‘Prison Detention Order’ from the IOMS Remand screen ‘Warrant type’ drop down and set the end date of the Order to that indicated on the Order. The resident should then show as ‘Remand Accused’ in the IOMS Header status.
For residents on initial reception from a Residence there will generally only be the I.09.Form.01 Initial authority to restrain and detain resident in prison or I.09.Form.02 Initial authority to detain due to residence becoming uninhabitable that authorises the initial detention in the prison.
Receiving Office staff should find the resident in IOMS, create a new entry in the Remand Screen and use the appropriate ‘Warrant type’ depending on the stage of proceedings that the resident is at.
for the initial 24 hours, select Initial Prison Detention Authority in the IOMS “warrant type’ in the remand screen and set the end date to the next working day after the expiry of the first 24 hours
for a Court ordered interim detention, select Interim Prison Detention Order and set the end date to 1 year from the date of the interim order
for a Court ordered final detention, select Prison Detention Order and set the end date to 1 year from the date of the detention order.
Residence destroyed or uninhabitable:
for the initial 72 hours, select Initial Authority to Detain Due to Residence Becoming Uninhabitable from the IOMS “Warrant type’ and set the end date to the next working day after the expiry of the first 72 hours
for a Court ordered Transitional Detention Order, select Transitional Detention Order and set the end date to the date defined by the Court.
The end dates are set as detailed above to ensure the review required to be undertaken by the Chief Executive is completed within period required of the order being made.
Add the resident to muster on IOMS (the status should show ‘Remand Accused’ in the IOMS Header). Commence all reception procedures that would normally be undertaken for a remand accused prisoner.
All activities requiring to be reported or registered on IOMS are to be entered into IOMS including any incidents after reception.
I.09.05 Removal or Change in Status
At any stage that the resident’s detention status changes they are to be returned to the Residence and removed from the prison muster unless there is another warrant of commitment or detention issued by the Court (e.g. a remand or sentence warrant).
If there is another warrant from the Court that expires while the Interim, Transitional or Prison Detention Order is still valid, the prisoner will revert to being a resident (remand accused) under that order on the expiry of the other matter.
Time spent in prison on a ‘detention order’ can be counted as pre-sentence detention but only from the date of the commencement of proceedings for the pending criminal charge. This charge may or may not be subject to ‘remand’ in custody but days in custody as a result of a PPO ‘detention order’ will count as pre-sentence detention from the date of the commencement of the proceedings for the pending criminal charge.