South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CORRECTIONAL SERVICES ACT 1982 - SECT 42A

42A—Minor breach of prison regulations

        (1)         Where the CE is satisfied that a prisoner has committed a breach of a regulation that is specified to be a regulation to which this section applies, the CE may give the prisoner notice in writing that—

            (a)         sets out the date of the alleged offence and briefly states the facts on which the allegation is founded; and

            (b)         identifies the particular regulation that is alleged to have been breached; and

            (c)         specifies that the prisoner may elect to be charged with, and receive a formal hearing in relation to, the offence; and

            (d)         specifies the punishment that the CE proposes to impose if the prisoner does not elect to be charged with the offence.

        (2)         If the prisoner does not within 24 hours give notice in writing to the CE, or an officer or employee of the Department specified in the CE's notice, that the prisoner elects to be charged with the offence, the CE may, without affording further opportunity for persons—

            (a)         to hear or view evidence; or

            (b)         to call, examine or cross-examine witnesses; or

            (c)         to make submissions on the alleged breach or penalty,

impose on the prisoner one or both of the following penalties:

            (d)         forfeiture of any specified amenities or privileges for a specified period not exceeding 10 days; or

            (e)         exclusion from any work that is performed in association with other prisoners for a specified period not exceeding 10 days.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback