Human Rights and Prisons - Rethinking Crime and Punishment

9.3 Disciplinary Procedures
Law and policy framework
The Corrections Act and associated Regulations set out disciplinary
processes, including providing for: written notice of charges; provision of
relevant incident reports; provision of writing materials to prepare defence;
facilitating contact with someone helping prepare the defence and contact with
legal advisor; ensuring the prisoner understands and participates in the
hearing; opportunity to be heard, cross-examine witnesses and evidence.
Subpart Five of the Corrections Act deals directly with offences. It highlights
the range of offences „against discipline‟ that includes: disobeying lawful
orders from staff 13 ; behaving in an intimidatory, abusive or offensive manner;
assaulting or fighting; communicating with persons without authority; being
absent from cell/work/other place without permission or reasonable excuse;
having links to articles without approval; deliberately damaging or destroying
prison property, or losing property due to negligence/improper conduct;
obstructing officers; making false allegations knowingly; endangering the
security or good order of the prison; escaping from detention; refusing to
undergo prescribed identification processes; or using drugs or alcohol.
If a prisoner is charged with a disciplinary offence, they must receive written
notice of the charge promptly. If a notice has not been given with seven days,
prisoners can apply to the Prison Inspector to dismiss a charge. This
application can also be undertaken if a hearing is not held within 14 days, or if
an adjourned hearing is not heard within 21 days. For drug offences, hearing
dates must accommodate a prisoner to have independent urinalysis.
Hearings must always be attended by the charged prisoner, who is entitled to
be heard and to cross-examine any witness (this can be undertaken by videolink).
Prisoners also have a right to gain assistance (such as a support
person) for the hearing. Prisoners have the right to appeal any decisions to
the Visiting Justice, and to seek further legal advice and support during any
subsequent hearing.
Penalties that may be imposed include: forfeiture of privileges, forfeiture of
earnings, cell confinement, and court charges. Forfeited privileges include:
the opportunity to be in common areas or to make a telephone call following
the evening meal; participating in a recreational
activity/hobby/course/programme that is not part of the prisoner‟s
management plan; use of electronic or multi-media equipment; use of musical
instrument; purchase of any non-essential items. In the case of cell
confinement, cells must be specifically designated, medical officers must be
informed of cell confinement, and the manager (or representative) must pay
daily visits to the confined prisoner. Further policies and procedures are
contained in PSOM (MC.01-MC.04, Misconduct).
13 Under Corrections Regulations (s150(4)), a prisoner who is aggrieved by a lawful order
must obey that order but may, on the first convenient occasion, make a complaint‟.
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