Northern Territory Consolidated Regulations

PRISONS (CORRECTIONAL SERVICES) REGULATIONS - REG 4

    (1)     Where a prisoner charged with prison misconduct denies the charge, the procedure at the hearing of the charge under Part VIII of the Act shall be as follows:

        (a)     at the commencement of the hearing, the officer in charge of the prison shall read out the charge to the prisoner and explain to the prisoner, in language likely to be readily understood:

            (i)     the nature of the charge; and

            (ii)     the penalty that may be imposed if the charge is proved; and

            (iii)     the procedure that is to be followed at the hearing; and

            (iv)     that the prisoner need not give evidence at the hearing, but if the prisoner chooses to do so the prisoner will be liable to be cross-examined;

        (b)     the prosecuting officer shall state the case against the prisoner and call any witnesses in support of the charge;

        (c)     the officer in charge of the prison may take evidence on oath or otherwise at the officer's discretion;

        (d)     the prosecuting officer shall conduct the examination in chief of each witness and the prisoner may cross-examine each witness;

        (e)     the prosecuting officer may re-examine a witness on matters arising out of cross-examination by the prisoner or arising out of a question that the officer in charge of the prison put to the witness;

        (f)     the prosecuting officer shall then close the case;

        (g)     the prisoner may then give evidence on his or her own behalf and call any witnesses he or she wishes, and paragraphs (d), (e) and (f), with necessary modification, apply to and in relation to the prisoner and any witness called by the prisoner.

    (2)     The officer in charge of a prison, in conducting a hearing under Part VIII of the Act:

        (a)     shall conduct the hearing with as little formality and technicality, and with as much expedition as the requirements of these Regulations and a proper consideration of the matter permit; and

        (b)     shall keep or cause to be kept an adequate record of the proceedings and shall, if the prisoner so requests, provide the prisoner with a copy of the record of proceedings; and

        (c)     may question a witness called to give evidence at the hearing; and

        (d)     may direct that a witness be called to give evidence at the hearing; and

        (e)     shall, not later than 3 days after the hearing and in accordance with the approved form, notify the prisoner of the decision and of the penalty, if any, to be imposed under the Act.