sec.344ABParticipation in a program or service not to be used in evidence

### sec.344AB Participation in a program or service not to be used in evidence This section applies if— a prisoner is being detained on remand for an offence; and the prisoner participates in a section 266 program or service. The following are not admissible in evidence against the prisoner in any civil, criminal or administrative proceeding for the facts constituting the alleged offence for which the prisoner is detained on remand— an admission made by the prisoner in the course of, for the purpose of, or as a condition of, participating in a section 266 program or service; evidence directly or indirectly derived from an admission mentioned in paragraph (a) . Subsection (2) does not apply to a proceeding for an offence committed or allegedly committed by the prisoner while participating in a section 266 program or service. The reference in subsection (2) (a) to an admission made by the prisoner includes— any written material made by the prisoner; and anything said or done by the prisoner that makes it evident the prisoner committed an offence. homework, workbooks, relapse prevention plans, offence mapping However, evidence that would otherwise be inadmissible in a proceeding because of subsection (2) is admissible if the prisoner agrees to its admission. Despite subsection (2) , nothing in this section affects the information that may be adduced before, or considered by, the Parole Board. In this section— section 266 program or service means a program or service that— is established or facilitated under section 266 ; and is not an ineligible program or service. For the purpose of subsection (7) , definition section 266 program or service , paragraph (b) , a regulation may prescribe an ineligible program or service. s 344AB ins 2024 No. 48 s 6 (sec.344AB-ssec.1) This section applies if— a prisoner is being detained on remand for an offence; and the prisoner participates in a section 266 program or service. (sec.344AB-ssec.2) The following are not admissible in evidence against the prisoner in any civil, criminal or administrative proceeding for the facts constituting the alleged offence for which the prisoner is detained on remand— an admission made by the prisoner in the course of, for the purpose of, or as a condition of, participating in a section 266 program or service; evidence directly or indirectly derived from an admission mentioned in paragraph (a) . (sec.344AB-ssec.3) Subsection (2) does not apply to a proceeding for an offence committed or allegedly committed by the prisoner while participating in a section 266 program or service. (sec.344AB-ssec.4) The reference in subsection (2) (a) to an admission made by the prisoner includes— any written material made by the prisoner; and anything said or done by the prisoner that makes it evident the prisoner committed an offence. homework, workbooks, relapse prevention plans, offence mapping (sec.344AB-ssec.5) However, evidence that would otherwise be inadmissible in a proceeding because of subsection (2) is admissible if the prisoner agrees to its admission. (sec.344AB-ssec.6) Despite subsection (2) , nothing in this section affects the information that may be adduced before, or considered by, the Parole Board. (sec.344AB-ssec.7) In this section— section 266 program or service means a program or service that— is established or facilitated under section 266 ; and is not an ineligible program or service. (sec.344AB-ssec.8) For the purpose of subsection (7) , definition section 266 program or service , paragraph (b) , a regulation may prescribe an ineligible program or service. - (a) a prisoner is being detained on remand for an offence; and - (b) the prisoner participates in a section 266 program or service. - (a) an admission made by the prisoner in the course of, for the purpose of, or as a condition of, participating in a section 266 program or service; - (b) evidence directly or indirectly derived from an admission mentioned in paragraph (a) . - (a) any written material made by the prisoner; and - (b) anything said or done by the prisoner that makes it evident the prisoner committed an offence. Examples of written material— homework, workbooks, relapse prevention plans, offence mapping - (a) is established or facilitated under section 266 ; and - (b) is not an ineligible program or service.