sec.71Reconsidering decision

### sec.71 Reconsidering decision This section applies if— the chief executive decides to transfer a prisoner under section 66 or 68 , other than a preliminary transfer or a transfer for the purposes of the prisoner’s initial placement; and the prisoner is dissatisfied with the decision. The prisoner may, within 7 days after being given notice of the decision, apply in writing to the chief executive for a reconsideration of the decision. After reconsidering the decision, the chief executive may confirm, amend or cancel the decision. The Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, under subsection (3) . The Judicial Review Act 1991 , part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions. In this section— decision , for subsection (4) , includes a decision affected by jurisdictional error. initial placement , of a prisoner who is sentenced to a period of imprisonment, means the placement of the prisoner at— if a preliminary transfer of the prisoner has been made—the corrective services facility to which the prisoner is transferred following the preliminary transfer; or otherwise—the corrective services facility to which the prisoner is transferred after first being admitted to a corrective services facility on sentencing. preliminary transfer means the transfer on sentencing of a prisoner who is detained on remand for an offence, if the transfer is for the purposes of assessing and determining an appropriate corrective services facility for the prisoner’s initial placement. s 71 amd 2013 No. 64 s 15 ; 2016 No. 42 s 8 ; 2016 No. 62 s 16 (sec.71-ssec.1) This section applies if— the chief executive decides to transfer a prisoner under section 66 or 68 , other than a preliminary transfer or a transfer for the purposes of the prisoner’s initial placement; and the prisoner is dissatisfied with the decision. (sec.71-ssec.2) The prisoner may, within 7 days after being given notice of the decision, apply in writing to the chief executive for a reconsideration of the decision. (sec.71-ssec.3) After reconsidering the decision, the chief executive may confirm, amend or cancel the decision. (sec.71-ssec.4) The Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, under subsection (3) . The Judicial Review Act 1991 , part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions. (sec.71-ssec.5) In this section— decision , for subsection (4) , includes a decision affected by jurisdictional error. initial placement , of a prisoner who is sentenced to a period of imprisonment, means the placement of the prisoner at— if a preliminary transfer of the prisoner has been made—the corrective services facility to which the prisoner is transferred following the preliminary transfer; or otherwise—the corrective services facility to which the prisoner is transferred after first being admitted to a corrective services facility on sentencing. preliminary transfer means the transfer on sentencing of a prisoner who is detained on remand for an offence, if the transfer is for the purposes of assessing and determining an appropriate corrective services facility for the prisoner’s initial placement. - (a) the chief executive decides to transfer a prisoner under section 66 or 68 , other than a preliminary transfer or a transfer for the purposes of the prisoner’s initial placement; and - (b) the prisoner is dissatisfied with the decision. - (a) if a preliminary transfer of the prisoner has been made—the corrective services facility to which the prisoner is transferred following the preliminary transfer; or - (b) otherwise—the corrective services facility to which the prisoner is transferred after first being admitted to a corrective services facility on sentencing.