South Australian Current Acts

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CORRECTIONAL SERVICES ACT 1982 - SECT 28

28—Removal of prisoner for criminal investigation, attendance in court etc

        (1)         A prisoner is entitled to attend before a court for the purpose of committal proceedings, trial or sentence for the offence in respect of which the prisoner is being detained or for any other offence with which he or she has been charged.

        (2)         Where a prisoner is required to attend before a court whether as a party to any proceedings or as a witness, the court hearing the proceedings may, by order, direct the CE to cause the prisoner to be brought before the court in accordance with the order.

        (2a)         If a prisoner is required to attend before the Independent Commissioner Against Corruption, the Deputy Commissioner or an examiner under the Independent Commission Against Corruption Act 2012 , the Commissioner, Deputy Commissioner or examiner may, by order, direct the manager of the correctional institution in which the prisoner is being detained to cause the prisoner to be brought before the Commissioner, Deputy Commissioner or examiner in accordance with the order.

        (3)         On the determination or an adjournment of proceedings at which a prisoner attends under this section, the prisoner may be returned to the correctional institution without any further process or authority.

        (4)         If a prisoner

            (a)         has been charged with an offence; or

            (b)         is suspected on reasonable grounds of—

                  (i)         having committed an offence; or

                  (ii)         having knowledge or information that might assist in the prevention or investigation of an offence,

the CE must, at the request of a police officer, release the prisoner into the custody of the police officer for the purposes of investigation of the offence, obtaining evidence as to the commission of the offence or identifying the prisoner as the person who committed the offence, in accordance with law.



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