| ADVISING ON BREACHES OF REGULATIONS |
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| It is important the duty solicitor is able to advise prisoners about the penalties and procedures for breaches of prison regulations and the crucial time limits involved (see below). |
Where the Chief Executive of the prison is satisfied a prisoner has committed a minor breach of a prison regulation, the Chief Executive may give the prisoner notice in writing [see Correctional Services Regulations 2001 (SA) regs 19 and 20 for minor breaches]. This provides the prisoner with an opportunity to elect to be charged with and receive a formal hearing for the breach, and outlines the punishment they will receive should the prisoner not elect to be charged with the offence [see Correctional Services Act 1982 (SA) s 42A(1)].
Unless the prisoner elects in writing to be charged and have a hearing within 24 hours of receiving the notice from the Chief Executive, the prisoner will be penalised without a hearing [s 42A(2)]. The penalties may include loss of amenities or privileges, or exclusion from work for a period not exceeding ten days [ss 42A(2)(d) and (e)].
Inquiry by the Chief Executive
Those prisoners who do elect to have a hearing, and who have been charged within 8 weeks of the date of the alleged breach, are subject to an inquiry conducted by the Chief Executive [s 43(1); reg 23]. Where it is determined beyond reasonable doubt that the allegation is proved, the Chief Executive may then impose penalties such as forfeiture of a sum of money, loss of amenities or privileges (not exceeding 35 days) or exclusion from work (not exceeding 21 days) [s 43(2)]. Where it is determined the allegation has not been proved the Chief Executive must dismiss the charge [s 43(3)].
Hearing before Visiting Tribunal
The Chief Executive may refer the matter to a Visiting Tribunal for hearing and determination [s 44(1); reg 24]. Where it is determined beyond reasonable doubt that the allegation is proved, the Visiting Tribunal may impose penalties such as forfeiture of a sum of money, loss of amenities or privileges (not exceeding two months), or exclusion from work (not exceeding 28 days) [s 44(2)]. Where it is determined the allegation has not been proved, the Visiting Tribunal must dismiss the charge [s 44(5)].
From Chief Executive
The prisoner may appeal to a Visiting Tribunal against any penalty imposed by the Chief Executive [see Correctional Services Act 1982 (SA) s 46]. To do so, the prisoner must serve on the Chief Executive a notice in writing stating their intention to appeal and the grounds of the appeal within 7 daysof receiving a copy of the record of the penalty imposed and the reasons for the penalty [see Correctional Services Regulations 2001 (SA) reg 26(2)]. The Chief Executive must then arrange for a Visiting Tribunal to hear the appeal and notify the prisoner of the date fixed for the hearing at least 7 days beforehand [regs 26(3) and (4)].
From Visiting Tribunal
Decisions made by a Visiting Tribunal may be appealed only on the ground the proceedings were not conducted in accordance with the Act [s 47(1); s 45 for procedure for inquiries made by Chief Executive or Visiting Tribunal]. The appeal is made to the District Court if the Visiting Tribunal was constituted of a Magistrate and to the Magistrates Court in any other case [s 47(1a)]. The prisoner must serve on the Chief Executive a notice in writing that indicates the proceedings that are the subject of the appeal and the reasons why the prisoner considers the proceedings were not conducted in accordance with the Act within 14 daysof receiving a copy of the record of the penalty imposed and the reasons for the penalty [reg 27(2)]. The Chief Executive must then lodge the notice at the relevant court within 14 days of receiving it [reg 27(3)].
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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