South Australian Consolidated Acts

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CORRECTIONAL SERVICES ACT 1982 - SECT 36

36—Power to keep a prisoner apart from all other prisoners

        (1)         A prisoner must not be kept separately and apart from all other prisoners in the correctional institution except in accordance with this section.

        (2)         The Chief Executive Officer may direct that a prisoner be kept separately and apart from all other prisoners in the correctional institution if the Chief Executive Officer is of the opinion that it is desirable to do so—

            (a)         in the interests of the proper administration of justice where an investigation is to be conducted into an offence alleged to have been committed by the prisoner; or

            (b)         in the interests of the safety or welfare of the prisoner; or

            (c)         in the interests of protecting other prisoners; or

            (d)         in the interests of security or good order within the correctional institution.

        (3)         A direction given pursuant to subsection (2)(a) has effect for such period, not exceeding 30 days, as may be specified in the direction.

        (4)         Any other direction under subsection (2) has effect until revoked by the Chief Executive Officer.

        (5)         A direction cannot be given more than once pursuant to subsection (2)(a) in respect of the incident giving rise to the alleged offence.

        (6)         A direction given under subsection (2)—

            (a)         must be in writing; and

            (b)         may be revoked at any time by the Chief Executive Officer.

        (7)         A copy of a direction given under subsection (2) must be served personally on the prisoner within 24 hours of being so given.

        (8)         Despite the fact that a direction under subsection (2) is in force in respect of a prisoner, the Chief Executive Officer may permit the prisoner to have contact with such other prisoners on such occasions as the Chief Executive Officer thinks fit.

        (9)         The Chief Executive Officer must, as soon as reasonably practicable after giving a direction under subsection (2), furnish the Minister with a report of the circumstances in which the direction was given.

        (10)         On receiving a report under subsection (9), the Minister may review the matter and may confirm or revoke the direction.



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