155Overlapping disciplinary breaches and criminal offences

155 Overlapping disciplinary breaches and criminal offences (1) This section applies if a detainee engages, or is alleged to have engaged, in conduct that is both— (a) a disciplinary breach; and (b) an offence (a criminal offence) against a territory law, including (2) The detainee must not be prosecuted for the criminal offence if an administrative penalty has been imposed on the detainee because of the disciplinary breach.

(3) A disciplinary charge for the disciplinary breach must not be started, or further dealt with, under this chapter if a prosecution for the criminal offence has been started in a court. (4) Disciplinary action for the disciplinary breach must not be taken against the detainee if the detainee has been convicted or found guilty of the criminal offence by a court. Note For the kinds of disciplinary action that may be taken, see s 183.

Investigation of disciplinary breaches Division 10.2.1