sec.63Review of maximum security order

### sec.63 Review of maximum security order A prisoner subject to a maximum security order may apply in writing to the chief executive for referral of the order to an official visitor for review. However— if the period of the maximum security order is 3 months or less, the prisoner can not ask for the order to be referred more than once; or if the period of the maximum security order is more than 3 months, the prisoner can not ask for the order to be referred more than twice in any 6 month period. After receiving an application under subsection (1) , the chief executive must refer the maximum security order to an official visitor. The official visitor must review the maximum security order. In addition to the prisoner’s entitlement under subsection (2) , the prisoner may also ask for the maximum security order to be referred to an official visitor if the chief executive amends the order, other than under subsection (9) . The official visitor, on the official visitor’s own initiative, must review the maximum security order if— the period of the order is more than 3 months; and the order has not been reviewed— at the prisoner’s request; or within the previous 3 months. When reviewing the maximum security order, the official visitor may exercise the powers mentioned in section 291 . After completing the review, the official visitor must recommend to the chief executive whether the maximum security order should be confirmed, amended or cancelled. The chief executive must consider the recommendation and confirm, amend or cancel the maximum security order. To remove any doubt, it is declared that the chief executive is not bound by the official visitor’s recommendation. For this section, 2 or more maximum security orders running consecutively are taken to be 1 maximum security order. (sec.63-ssec.1) A prisoner subject to a maximum security order may apply in writing to the chief executive for referral of the order to an official visitor for review. (sec.63-ssec.2) However— if the period of the maximum security order is 3 months or less, the prisoner can not ask for the order to be referred more than once; or if the period of the maximum security order is more than 3 months, the prisoner can not ask for the order to be referred more than twice in any 6 month period. (sec.63-ssec.3) After receiving an application under subsection (1) , the chief executive must refer the maximum security order to an official visitor. (sec.63-ssec.4) The official visitor must review the maximum security order. (sec.63-ssec.5) In addition to the prisoner’s entitlement under subsection (2) , the prisoner may also ask for the maximum security order to be referred to an official visitor if the chief executive amends the order, other than under subsection (9) . (sec.63-ssec.6) The official visitor, on the official visitor’s own initiative, must review the maximum security order if— the period of the order is more than 3 months; and the order has not been reviewed— at the prisoner’s request; or within the previous 3 months. (sec.63-ssec.7) When reviewing the maximum security order, the official visitor may exercise the powers mentioned in section 291 . (sec.63-ssec.8) After completing the review, the official visitor must recommend to the chief executive whether the maximum security order should be confirmed, amended or cancelled. (sec.63-ssec.9) The chief executive must consider the recommendation and confirm, amend or cancel the maximum security order. (sec.63-ssec.10) To remove any doubt, it is declared that the chief executive is not bound by the official visitor’s recommendation. (sec.63-ssec.11) For this section, 2 or more maximum security orders running consecutively are taken to be 1 maximum security order. - (a) if the period of the maximum security order is 3 months or less, the prisoner can not ask for the order to be referred more than once; or - (b) if the period of the maximum security order is more than 3 months, the prisoner can not ask for the order to be referred more than twice in any 6 month period. - (a) the period of the order is more than 3 months; and - (b) the order has not been reviewed— (i) at the prisoner’s request; or (ii) within the previous 3 months. - (i) at the prisoner’s request; or - (ii) within the previous 3 months. - (i) at the prisoner’s request; or - (ii) within the previous 3 months.