50Prison offences

50 Prison offences

S. 50(1) amended by Nos 16/1991 s. 11(3), 45/2001 s. 34(1).

(1) If an officer within the meaning of Part 5 or an escort officer suspects that a prisoner has committed a prison offence the officer must as soon as possible report the fact to the disciplinary officer.

S. 50(2) amended by No. 16/1991 s. 11(3).

(2) The disciplinary officer must make proper investigation of all alleged prison offences which come to the officer's notice and must give the prisoner alleged to have committed the offence an opportunity of making an explanation.

S. 50(3) amended by No. 16/1991 s. 11(3).

(3) If after investigating an alleged prison offence the disciplinary officer is satisfied that no offence has been committed the disciplinary officer is to take no further action.

S. 50(4) amended by No. 16/1991 s. 11(3).

(4) If after investigating an alleged prison offence the disciplinary officer is satisfied that the offence has been committed but is trivial, the disciplinary officer need take no further action.

S. 50(5) amended by No. 16/1991
ss 11(3), 12(a)(i).

(5) Subject to subsection (4) if after investigating an alleged prison offence the disciplinary officer is satisfied that the prisoner has committed the offence the disciplinary officer must record the offence in the register of offences and may, in addition, do one of the following—

(a) reprimand a prisoner; or

(b) withdraw one of the prisoner's privileges for less than 14 days; or

S. 50(5)(c) repealed by No. 16/1991 s. 12(a)(ii).

S. 50(5)(d) amended by No. 45/2001 s. 34(2)(a).

(d) charge the prisoner with the prison offence.

S. 50(5)(e) amended by No. 16/1991 s. 12(a)(iii), repealed by No. 45/2001 s. 34(2)(b).

S. 50(5A) inserted by No. 45/2001 s. 34(3).

(5A) In addition to any action the disciplinary officer may take under subsection (5)(a), (b) or (d), the disciplinary officer may also take steps to have the matter dealt with under the criminal law.

S. 50(6) amended by No. 16/1991 s. 11(3).

(6) A charge for a prison offence must be in writing, and the disciplinary officer must as soon as possible give a copy of the charge to the Governor and the prisoner.

S. 50(7)(8) repealed by No. 44/1991 s. 6(d).

S. 50(9) amended by No. 16/1991 s. 11(3).

(9) A decision or purported decision of a disciplinary officer under this section cannot be appealed against, reviewed, challenged or called in question in any court.