Untitled document

Corrections (Amendment) Regulations 2008

S.R. No. 30/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Definitions

5New regulations 8, 9 and 10 substituted

8Issue of firearms

9Unauthorised removal of firearms etc.

10Discharge of firearms

6New Division 6 of Part 3 substituted

Division 6—Classification

21Classification of prisoners

21ASentence management panels

21BReview and assessment committees

21CDetermination of security classification

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 30/2008

Corrections Act 1986

Corrections (Amendment) Regulations 2008

The Governor in Council makes the following Regulations:

Dated: 23 April 2008

Responsible Minister:

BOB CAMERON
Minister for Corrections

RYAN HEATH

Clerk of the Executive Council

1Objective

The main objective of these Regulations is to amend the Corrections Regulations 1998—

(a)to prescribe the manner and circumstances in which an escort officer may be issued with, and use, a firearm;

(b)to provide for sentence management panels and review and assessment committees for the purpose of classifying prisoners;

(c)to clarify processes related to prisoner classification by sentence management panels and review and assessment committees.

2Authorising provisions

These Regulations are made under sections 112 and 112A of the Corrections Act 1986.

3Commencement

These Regulations come into operation on 1 May 2008.

4Definitions

In Regulation 5(1) of the Corrections Regulations 1998[1] insert the following definitions—

"high security, in relation to a prisoner, means classification of the prisoner as a very high risk to prison security, the community or to himself or herself or any other person;

maximum security, in relation to a prisoner, means classification of the prisoner as a high risk to prison security, the community or to himself or herself or any other person;

medium security, in relation to a prisoner, means classification of the prisoner as a moderate risk to prison security, the community or to himself or herself or any other person;

minimum security, in relation to a prisoner, means classification of the prisoner as a low risk to prison security, the community or to himself or herself or any other person;".

5New regulations 8, 9 and 10 substituted

For regulations 8, 9 and 10 of the Corrections Regulations 1998 substitute—

"8   Issue of firearms

A Governor or the Secretary may only authorise the issue of a firearm to an escort officer in the following circumstances—

(a)when the escort officer is undertaking duties as an armed escort for high security prisoners or maximum security prisoners;

(b)when the escort officer is undertaking patrols outside prisons where high security or maximum security prisoners are kept;

(c)when the escort officer is undertaking duties at posts specified by the Governor at prisons where high security or maximum security prisoners are kept and at the times when prisoners are locked in cells;

(d)when the escort officer is undertaking firearms training under the direction of an approved instructor;

(e)at all times in cases of emergency;

(f)where the Governor or Secretary reasonably believes that a firearm is necessary for the security or good order of the prison or for the safety of a prisoner, escort officer or other persons.

Note

Escort officer has the same meaning as given in section 3(1) of the Act.

9Unauthorised removal of firearms etc.

An escort officer acting in the course of his or her duties must not remove a firearm or ammunition from a prison unless authorised by the Governor to do so.

Penalty:10 penalty units.

10Discharge of firearms

(1)If a prisoner escapes or attempts to escape from custody, an escort officer may discharge a firearm at the prisoner if the escort officer believes on reasonable grounds that it is the only practicable way to prevent the escape of the prisoner from custody.

(2)An escort officer may discharge a firearm at a person whom he or she reasonably believes to be aiding a prisoner in escaping or attempting to escape from custody, if the escort officer believes on reasonable grounds that it is the only practicable way to prevent the escape of the prisoner from custody.

(3)An escort officer may discharge a firearm at a person if the person is using force or threatening force against—

(a)another person in the prison; or

(b)an officer within the meaning of Part 5 of the Act (including the escort officer carrying the firearm) acting in the execution of his or her duties outside a prison; or

(c)a prisoner outside a prison—

and the escort officer reasonably believes that shooting at the person using or threatening force is the only practicable way to prevent the person causing death or serious injury.

(4)Before discharging a firearm at a person, the escort officer must—

(a)if it is practicable to do so, give an oral warning to the effect that the person will be shot at if he or she does not stop escaping, attempting to escape or using or threatening force (as the case may be); and

(b)satisfy himself or herself that shooting at the person does not create an unnecessary risk to any other person.".

6New Division 6 of Part 3 substituted

For Division 6 of Part 3 of the Corrections Regulations 1998 substitute—

"Division 6—Classification

21Classification of prisoners

Subject to this Division, a prisoner may be given one of the following security classifications—

(a)high security;

(b)maximum security;

(c)medium security;

(d)minimum security.

21ASentence management panels

(1)There are to be one or more sentence management panels to carry out the function of prisoner classification.

(2)The Secretary may set rules for the composition of the panels as he or she thinks necessary for the proper functioning of the panels.

(3)The Secretary may appoint members to the sentence management panels and may determine the terms and conditions of appointment.

(4)The panels must—

(a)meet with such frequency as is determined by the Secretary; and

(b)conduct their procedures as determined by the Secretary; and

(c)establish and maintain the records determined by the Secretary.

(5)The Secretary may at any time determine the classification of a prisoner or vary a sentence management panel's classification of a prisoner.

21BReview and assessment committees

(1)In each prison there are to be one or more review and assessment committees to carry out the functions of—

(a)overseeing the case management of prisoners;

(b)reviewing prisoners' classification;

(c)monitoring prisoners' welfare.

(2)Subject to any rules determined by the Secretary, a review and assessment committee may vary the classification of a prisoner or make recommendations to a sentence management panel regarding the classification of a prisoner.

(3)The Secretary may set rules for composition of review and assessment committees as he or she thinks necessary for the proper functioning of the committees.

(4)The Secretary may appoint members to the review and assessment committees and may determine the terms and conditions of appointment.

(5)Review and assessment committees must—

(a)meet with such frequency as is determined by the Secretary; and

(b)conduct their procedures as determined by the Secretary; and

(c)establish and maintain the records determined by the Secretary.

(6)The Secretary or a sentence management panel may at any time vary the classification of a prisoner by a review and assessment committee.

21CDetermination of security classification

When determining or varying a prisoner's classification, a sentence management panel or a review and assessment committee must consider the risk the prisoner presents to prison security, the community, himself, herself or any other person, having regard to any one or more of the following—

(a)the nature of the offence for which the     prisoner has been charged or convicted;

(b)the risk of the prisoner escaping, or attempting to escape, from custody;

(c)the risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community;

(d)any risk the prisoner poses to prison management, security and good order;

(e)any risk the prisoner poses to the welfare of himself or herself and any other person;

(f)the length of the prisoner's sentence or, if the prisoner is awaiting trial, the maximum sentence applicable to the offences in respect of which the prisoner has been charged;

(g)any other matter considered relevant to prison management, security and good order and the safe custody and welfare of the prisoner.".

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ENDNOTES

[1] Reg. 4: S.R. No. 52/1998 as amended by S.R. No. 14/2006.