CORRECTIONAL SERVICES ACT 1982 - SECT 36

CORRECTIONAL SERVICES ACT 1982 - SECT 36

36—Power to keep prisoner apart from 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 CE may direct that a prisoner be kept separately and apart from all other prisoners in the correctional institution if the CE 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)         Subject to this section, a direction under subsection (2) has effect for such period, not exceeding 30 days, as may be specified in the direction.

        (4)         A direction under subsection (2)(b), (c) or (d) may be extended by the CE for such period, not exceeding 30 days, as may be specified by the CE, if the CE is satisfied that it is desirable to do so on a ground referred to in subsection (2)(b), (c) or (d).

        (4a)         Nothing in subsection (4) is to be taken to prevent the CE from granting more than 1 extension in respect of a direction under subsection (2)(b), (c) or (d).

        (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) or an extension—

            (a)         must be in writing; and

            (b)         may be revoked at any time by the CE.

        (7)         A copy of a direction given under subsection (2) or an extension must be served personally on the prisoner within 24 hours of being given under subsection (2) or issued under subsection (4).

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

        (9)         If, under subsection (2), the CE gives a direction—

            (a)         that a prisoner be kept separately and apart for a period exceeding 5 days; or

            (b)         that will result in a prisoner being kept separately and apart for a period exceeding 5 consecutive days, or an aggregate of 5 days within any 10 day period,

the CE must, as soon as reasonably practicable after giving the direction, provide the Minister with a report of the circumstances relating to the direction.

        (9a)         If the CE issues an extension the CE must, as soon as is reasonably practicable after issuing the extension, provide the Minister with a report of the circumstances relating to the extension.

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

        (11)         In this section—

"extension" means an extension issued by the CE under subsection (4).