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.