Corrections Regulations 2019

The Secretary may, in writing, order the separation of a prisoner from some or all other prisoners if the Secretary believes on reasonable grounds that the separation is necessary—

for the safety and protection of the prisoner; or

for the safety or welfare of any person; or

for the management, good order or security of the prison.

The amount of time a prisoner may be separated from other prisoners must not be longer than is necessary to achieve the purposes set out in subregulation (1)(a) or (b).

Despite subregulation (1), if the Secretary believes on reasonable grounds that a prisoner is urgently required to be separated from other prisoners, the Secretary may make an order orally to separate the prisoner.

If the Secretary makes an order under subregulation (3), the Secretary must confirm the order in writing—

within 12 hours of the order being made; or

if it is not reasonably practicable to confirm the order within 12 hours of the order being made, within no more than 24 hours of the order being made.

Before making an order under subregulation (1) or (3) in relation to a prisoner, the Secretary must consider the following—

any medical and psychiatric conditions of the prisoner;

if the prisoner is under the age of 18, the prisoner's age, the best interests of the prisoner and the vulnerability of the prisoner (if reasonably practicable).

If the Secretary makes an order under this regulation, the Secretary must ensure that the prisoner to be separated is—

advised of the reasons for the separation; and

given a copy of the order.

The Secretary may revoke an order under this regulation at any time.

A sentence management panel may extend an order made under this regulation for 30 days.

Before extending an order under subregulation (8), a sentence management panel must consider the following—

any medical and psychiatric conditions of the prisoner;

if the prisoner is under the age of 18, the prisoner's age, the best interests of the prisoner and the vulnerability of the prisoner (if reasonably practicable).

Unless an order is extended under subregulation (8), an order under this regulation ceases to apply on whichever is the earliest of—

the day determined by a sentence management panel as the day on which the order expires; or

the day on which the prisoner's classification is determined by a sentence management panel; or

the day on which the order is revoked by the Secretary.