P.05 Request for property items to be authorised
These procedures cover how prisoner property may be added to, or moved from the Rules on authorised property made under section 45A.
Discretionary property criteria
- Property items not listed on the Rules on authorised property made under section 45A may be considered:
- on an application by prison staff, or
- on a request by a prisoner.
P.05.01 Application for addition to property schedules
- No item will be issued to a prisoner unless it is listed on the Rules on authorised property made under section 45A.
- Prison staff cannot issue an unscheduled item until it has been approved as an authorised item pursuant to section 45A of the Corrections Act 2004 by the National Commissioner Corrections Services.
- Prison staff may request that an authorised item be removed from the Rules on authorised property made under section 45A if they believe that the item may interfere with the effective management, security and good order of the prison.
- Where a prisoner has completed the P.01.Form.01 Request for property requesting an item that is not listed on the Rules on authorised property made under section 45A, this should be considered as a request to the prison to consider requesting that the item be approved as an authorised item. If the PCO does not support the prisoner's request they must decline the application.
- Prison staff must complete section A of the P.05.Form.01 Request to include / remove an item on the Rules on authorised property made under section 45A:
- If the item has been identified through an incident, the prison staff should attach a copy of the incident report.
- If the item has been requested by a prisoner, the prison staff must attach the completed P.01.Form.01 Request for property.
P.05.02 Prison director’s review of application
- The prison director must consider whether the item meets one or more of the following descriptions:
- harmful to that prisoner or to any other person
- may be used for the purpose of facilitating the escape from lawful custody of any person
- used to tamper with any sample that a prisoner is required to supply in accordance with a prescribed procedure under section 124 of the Corrections Act 2004
- an offensive weapon within the meaning of section 202A of the Crimes Act 1961
- a disabling substance within the meaning of that section
- a drug, alcohol, or other intoxicating substance
- may interfere with the effective management of the prison
- pornography, (defined as any material depicting genitalia)
- considered objectionable, material is considered objectionable if it:
- Promotes, supports or tends to promote or support:
- the exploitation of children, or young persons or both for sexual purposes
- the use of violence or coercion to compel any person to participate in, or submit to, sexual conduct
- sexual conduct with or upon the body of a dead person
- the use of urine or excrement in association with degrading or dehumanising conduct or sexual conduct
- acts of torture, the infliction of serious physical harm, or serious cruelty
- describes, depicts, expresses, or otherwise deals with matters such as:
- sex, horror, crime, cruelty or violence in such a manner that the availability of the publication is likely to be injurious to the public good. This would include gang insignia, gang related material, content that is degrading, dehumanising, or demeaning or depicts harm.
- sexual violence
- sexual or physical conduct which degrades, or dehumanises, or demeans any person
- sexual conduct with or by children, young persons or both
- physical conduct in which sexual satisfaction is derived from inflicting or suffering cruelty or pain
- exploits the nudity of children, or young persons or both
- promotes or encourages criminal acts or acts of terrorism
- represents a class of people, who have one of the characteristics set out under the prohibited grounds for discrimination under the Human Rights Act, as inferior to other members of the public.
- Promotes, supports or tends to promote or support:
- The prison director must identify if the item has been previously considered and assessed as not suitable by referring to P.05.Res.01 Property items not suitable to be authorised.
- The prison director must complete Section B of P.05.Form.01 Request to include / remove an item on the rules of authorised property made under section 45A specifying the schedule the item should be included on and their reasons.
- The prison director must forward the application to the Chief Custodial Officer for their consideration.
- The prison director must advise the prisoner of the procedures and associated estimated time, and that the property will not be issued until a decision has been made.
P.05.03 Chief Custodial Officer recommendation
- The Chief Custodial Officer must notify the National Commissioner Corrections Services, of their recommendation, and the reasons.
- The National Commissioner Corrections Services decides whether to approve the Chief Custodial Officer's recommendation that the item be authorised or removed.
P.05.04 Procedure to add items to the property schedules
- If the item is approved the Custodial Practice Team will update the Rules on authorised property made under section 45A and are gazetting of the change.
- The property item must not be issued by prison directors until the schedule has been updated, and notification of the change has been issued by National Office.
- Custodial Practice Team will retain a copy of the request and subsequent decision documents for all changes to property schedules.