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Corrections Act 2004

Corrections system - Establishment and operation of prisons - Detention and custody of prisoners

37: Effect of warrant, etc, for specified prisons

You could also call this:

"What happens when you go to prison with a court order"

Illustration for Corrections Act 2004

If you are going to a prison, you need a valid committal order to be received there, unless the law says it is okay without one. A committal order is like a warrant or an order from a court that says you must be detained. This order gives the prison the authority to keep you there, even if it is not the exact prison listed on the order. You can be sent to a different prison than the one on your committal order, and the order is still valid. The committal order is still valid even if the prison has another name, as long as it is described correctly on the order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295443.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 2Corrections system
Establishment and operation of prisons: Detention and custody of prisoners

37Effect of warrant, etc, for specified prisons

  1. Except where otherwise allowed by law, no person may be received in a prison without a valid committal order.

  2. Any committal order issued, whether before or after the commencement of this Act, for the detention of any person in any specified prison is sufficient authority for the reception and detention of that person in any other prison to which he or she might have been committed.

  3. Any committal order identifying the prison by reference to its location or by any other sufficient description is not invalid by reason only that the prison is usually known by another name or description.

  4. In this section, committal order includes any warrant, writ, order, direction, or authority requiring the detention of any person.

Compare
  • 1954 No 51 s 15
  • SR 2000/81 r 33