Offences by prisoners
• Section 133(3): If, at any hearing under this section, a hearing adjudicator
finds the offence proved, he or she may impose 1 or more of the following
penalties: (a) forfeiture or postponement of all or any privileges for any period
not exceeding 28 days: (b) forfeiture of earnings for any period not exceeding
7 days: (c) confinement in a cell for any period not exceeding 7 days.
• Section 137(3): If, at any hearing under this section, the Visiting Justice
finds the offence proved, he or she may impose 1 or more of the following
penalties: (a) forfeiture or postponement of all or any privileges for any
period not exceeding 3 months: (b) forfeiture of earnings for any period not
exceeding 3 months: (c) confinement in a cell for any period not exceeding
15 days.
Women-specific provisions
Subpart 3, sections 81A – 81C of the Corrections Act 2004
• Sections 81A- 81C relate to the provision of accommodation for mothers in
prison of a child less than 24 months old.
Subpart 7, section 203 of the Corrections Act 2004
• Section 203: “regulations made under section 200(1)(d) may include (without
limitation provisions” – (c) prescribing conditions relating to the care of
children of female prisoners who are allowed to remain with or visit their
mothers in prison.
Use of Force/Restraint
Subpart 4, sections 83 – 88 of the Corrections Act 2004
• Section 83(1): “No officer or staff member may use physical force in dealing
with any prisoner unless the officer or staff member has reasonable grounds
for believing that the use of physical force is reasonably necessary – (a) in
self-defence, in the defence of another person, or to protect the prisoner
from injury; or (b) in the case of an escape or attempted escape (including the
recapture of any person who is fleeing after escape); or (c) in the case of an
officer, – (i) to prevent the prisoner from damaging any property; or (ii) in the
case of active or passive resistance to a lawful order.”
• Section 83(2): If physical force is used in the circumstances referred to in s
83(1) it may not be more than is “reasonably necessary in the circumstances”.
• Section 87(4): “A mechanical restraint – (a) must not be used for any
disciplinary purpose” and “must be used in a manner that minimises harm
and discomfort to the prisoner.”
70