M.07.03 Notification schedule of segregation directions

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WhoMust
Prisoner Be given in writing and within one working day of the prisoner being placed on segregation / a segregation order being continued:
  • the reasons for the direction, (M.07.Form.01 Application for an initial direction to segregate prisoner and M.07.Form.02 Notice to prisoner subject to a direction to segregate) or for internal concealment (W.01.01.Form.02 Direction to Segregate (Suspected of Internal Concealment and W.01.01.Form.03 Internal Concealment Care Plan)
  • any request and outcome for a continuation of the direction (M.07.Form.02 Notice to prisoner subject to a direction to segregate) and (M.07.Form.05 Review of direction and association status of segregated prisoner)
  • M.07.Form.02 Notice to prisoner subject to a direction to segregate (For internal concealment this is part of W.01.01.Form.02 Direction to Segregate (Suspected of Internal Concealment).
  • the manner in which the minimum entitlements will be provided. (M.07.Form.04 Management plan for prisoner on segregation)
  • M.07.Form.04 Management plan for prisoner on segregation or if on internal concealment W.01.01.Form.03 Internal Concealment Care Plan.

and copies* of all other documents relating to the segregation direction. (Reports or parts of, such as Intelligence reports where there is justification under the Privacy Act 1993 or Official Information Act 1982, may be withheld).

Be given:
  • outcome of senior advisor to regional commissioner review of initial direction (copy of M.07.Form.03 Senior advisor review of initial direction to segregate prisoner).


    Immediately if revoked or first working day if segregation is supported.
*Copies of all forms and documents must also be filed in the prisoner’s general file under the D tab.
Be given a copy, within one working day of all documents that have changed due to a review of the management plan or revised conditions of the direction.
Be informed, under the relevant provisions of the corresponding Acts (unless neither confirming nor denying their existence is justified under section 10 of the Official Information Act 1982 or section 32 of the Privacy Act 1993), of any withheld documents and if all or part of the document(s) as the case may be.

(M.07.Form.01 Application for an initial direction to segregate prisoner or M.07.Form.05 Review of direction and association status of segregated prisoner)
Be informed at the time of the segregation direction (section 58(1)(a or b) and 59(1)(b)) that he or she may request at any time, in writing, that the senior advisor to the regional commissioner reviews / revokes the direction.

(M.07.Form.02 Notice to prisoner subject to direction to segregate)
Be informed, if segregated under section 58(1)(a or b), that he or she may, at any time and in writing, request a Visiting Justice reviews / revokes the direction.

(M.07.Form.02 Notice to prisoner subject to direction to segregate)
Be informed promptly upon being segregated that he/she has the right to complain about the direction to an Ombudsman and/or Inspector of Corrections.

(M.07.Form.02 Notice to prisoner subject to direction to segregate)

Be asked to acknowledge, in writing, receiving all the documents related to the initial / continued direction and that he/she has been informed and understands the reasons of the direction.

(M.07.Form.01 Application for an initial direction to segregate prisoner) and (M.07.Form.05 Review of direction and association status of segregated prisoner)

OR

(W.01.01.Form.02 Direction to segregate (suspected of internal concealment) medical oversight) and
(W.01.01.Form.03 Internal Concealment Care Plan)

If the prisoner refuses to acknowledge or is unable to, it must be noted on the form and witnessed by two officers.

Any prisoner that has or appears to have communication difficulties (e.g.; poor literacy skills or English as second language, etc.) staff must ensure he/she understands the information given, for example; engaging the services of a translator.

Be immediately notified of revocation and removed from the segregation status.
Health Centre Manager Be notified reasonably promptly* when a prisoner is denied** association.
The health centre manager must investigate and confirm there are no pre-existing medical / psychological conditions that may be aggravated by the segregation.

*Reasonably promptly means: Notified as soon as practical on the day the direction is made, if notification on the same day is not practical, he/she must be notified by 10am on the following calendar day. The notification and the manager’s response can be by e-mail. (Attach to original documents).

**See POM M.07.02.02 Staff visits to segregated prisoners (denied association).
Prison Director Be notified of any prisoner’s written request for revocation on the first working day from the day of the request in order for the prison director to inform, within 2 days of receiving notification, the senior advisor and or Visiting Justice as the case may be.
Senior Advisor* to Regional Commissioner *as Chief Executive delegate Be informed of the initial direction (section 59(1)(a) not applicable) and the reasons for it. Notified the same day if possible, but no later than 3 working days from the time the direction was made and receive a copy of all documents.

Senior advisor to the regional commissioner must review and support or revoke the initial direction under section 58(1)(a&b) M.07.Form.03 Senior advisor review of initial direction to segregate prisoner.
Be notified of a prisoner’s request for review / revocation, as well as relevant documentation, same day but not later than first working day of the prisoner making the request.
Be informed when a prisoner requests a review by a Visiting Justice.

(See POM M.07.04.04 Request by prisoner to a Visiting Justice to review / revoke direction).
Be informed when a Visiting Justice revokes a direction. Notification is via a copy of the documents and must occur within 7 days of the revocation.
Visiting Justice Be notified of a prisoner’s request for review / revocation by a senior advisor to the regional commissioner.
Custodial Staff Be immediately notified of revocations in order to remove the prisoner from the segregation.

M.07.03.01 Segregation Directions Register

  1. The prison director must ensure a register recording all segregation directions is maintained. (Directions under section 59(1)(a) (Voluntary) are recorded in a separate register)
  2. The register is to be available to be viewed at any time by Inspectors of Corrections, the Ombudsmen, auditors and/or prison monitors.
  3. The minimum information to be recorded is:
    1. prisoner’s full name
    2. the relevant section under which the direction was given
    3. reason(s) for the segregation
    4. date segregation commenced
    5. whether initial or continued segregation
    6. date until the direction may remain in force or expire date of current segregation
    7. date(s) segregation is directed to continue
    8. dates(s) of reviews and outcome