Hearings and inquiries

Breaches of the Regulations are not dealt with by a court but instead by either a hearing by a Visiting Tribunal or an inquiry by the manager.

A Visiting Tribunal may be constituted of a magistrate or a special justice, and each prison may have as many Visiting Tribunals as the Minister for Correctional Services thinks necessary and desirable. The penalties that can be imposed by a Visiting Tribunal are greater than those that can be imposed by the manager which in turn are greater than the penalties the manager can impose if the prisoner elects not to have a formal hearing. Examples of penalties that may be imposed include fines, loss of privileges and loss of work.

Managers conducting inquiries or Visiting Tribunals holding hearings must follow certain procedures. The prisoner must be given notice of the charge and must be allowed to give evidence, to cross-examine witnesses and to make submissions, but is not entitled to legal representation in the proceedings [Correctional Services Act 1982 s.45ba].

A prisoner may only appeal to a Visiting Tribunal against a penalty imposed by a manager [s.46(1)]. No further appeal may be made from the decision of the manager [Correctional Services Act 1982 s.46(5)]. However, where a Visiting Tribunal consisting of a special justice deals with an offence, there is a limited right of appeal to the Magistrates Court, which may proceed only if the procedural requirements of the Act were not followed by the Visiting Tribunal [Correctional Services Act 1982 s.47(1a)(a)]. If the Visiting Tribunal is constituted by a magistrate, an appeal lies to the District Court [Correctional Services Act 1982 s.47(1a)(b)].

Hearings and inquiries  :  Last Revised: Tue Aug 8th 2006
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