Protective custody
• Section 59(1): The prison manager may direct that the opportunity of a
prisoner to associate with other prisoners be restricted or denied if a prisoner
requests this and the manager considers that it is in the best interests of the
prisoner, or if the prison manager is satisfied that the safety of the prisoner
has been put at risk by another person, and there is no reasonable way to
ensure the safety of the prisoner other than by giving that direction.
• Section 59(2)(a): A prisoner asking to be segregated must give consent in
writing and can withdraw consent at any time.
• Section 59(3): If the prison manager has decided that the prisoner is at risk,
the segregation may continue and the decision must be given promptly in
writing to the prisoner, and the chief executive informed.
• Section 59(4)(a): The direction to segregate must be revoked by the prison
manager if there ceases to be any justification for continuing to restrict or
deny the opportunity of the prisoner to associate with other prisoners.
• Section 59(4)(b)-(d): It may also be revoked, at any time, by the chief
executive, and expires after 14 days unless, before it expires, the chief
executive directs that it continue in force, in which case the decision must
be reviewed by them at intervals of not more than 3 months.
Medical oversight
• Section 60(1): Segregation may also be ordered if the health centre manager
of the prison recommends it to assess or ensure the prisoner’s health (both
physical and mental health, including the risk of self-harm).
• Section 60(2): This decision must be given promptly in writing and the chief
executive must be informed.
• Section 60(3): This segregation continues until revoked by the prison
manager or chief executive.
• Section 60(4): The prison manager may not revoke the segregation unless
advised to do so by the health centre manager.
• Section 60(5): The health centre manager must ensure a registered health
professional visits the prisoner at least once a day, or twice a day if the
prisoner is at risk of self-harm.
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