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CORRECTIONS MANAGEMENT ACT 2007 - SECT 44 Treatment of convicted and non-convicted detainees

CORRECTIONS MANAGEMENT ACT 2007 - SECT 44

Treatment of convicted and non-convicted detainees

    (1)     Without limiting section 14 (Corrections policies and operating procedures), the director-general must make a corrections policy or operating procedure providing for different treatment of convicted detainees and non-convicted detainees.

Example

a corrections policy or operating procedure, in accordance with the following rules of the United Nations Standard Minimum Rules for the Treatment of Prisoners

, for non-convicted detainees to be able to—

              •     procure food at own expense (r 87)

              •     be offered work but not be obliged to work (r 89)

              •     procure reading and writing material at own expense (r 90)

              •     visit and be treated by own doctor at own expense (r 91)

    (2)     The director-general must also ensure that convicted detainees are accommodated separately from non-convicted detainees.

    (3)     For chapter 10 (Discipline)—

        (a)     a detainee's entitlement in relation to treatment in detention includes anything expressed to be an entitlement in a corrections policy or operating procedure made for subsection (1); and

        (b)     subsection (2) is taken to provide an entitlement for each detainee in relation to accommodation.

    (4)     However, the director-general may give directions for different accommodation of a non-convicted detainee if the director-general suspects, on reasonable grounds, that is necessary to ensure the safety of the detainee or anyone else.

Example

Remandee J has served various sentences for violence offences, has an aggressive personality and enjoys bullying other people. The director-general suspects that other remandees detained with J are highly vulnerable in comparison with J. The director-general decides that J should be accommodated with convicted offenders.

    (5)     In this section:

"convicted detainee" means a detainee whose detention is because of the detainee's conviction of an offence.