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Corrections Act 2004

Corrections system - Establishment and operation of prisons - Denial or restriction of ability to associate

59: Segregation for purpose of protective custody

You could also call this:

"Keeping You Safe in Prison by Separating You from Others"

The prison manager can stop you from seeing other prisoners if you ask them to and they think it's best for you. They can also do this if they believe someone has put you in danger and there's no other way to keep you safe. You might be separated from other prisoners to keep you safe, and this is called protective custody. If the prison manager decides to do this because you asked, you must agree to it in writing, or the decision won't count.

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"Keeping you apart from others in prison to keep everyone safe"

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Part 2Corrections system
Establishment and operation of prisons: Denial or restriction of ability to associate

59Segregation for purpose of protective custody

  1. The prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if—

  2. the prisoner requests that his or her opportunity to associate be restricted or denied and the manager considers, having regard to any information supplied by the prisoner or otherwise available to the manager, that it is in the best interests of the prisoner to give that direction; or
    1. the prison manager is satisfied that—
      1. the safety of the prisoner has been put at risk by another person; and
        1. there is no reasonable way to ensure the safety of the prisoner otherwise than by giving that direction.

        2. If a direction is given under subsection (1)(a),—

        3. the direction is ineffective unless, either before or after the giving of the direction, the prisoner concerned gives his or her consent in writing to the giving of the direction:
          1. the direction ceases to have effect if the prisoner withdraws his or her consent to the giving of the direction, but the prison manager may give a further direction under subsection (1)(b) without that prisoner's consent if subsection (1)(b) applies.

            1. If a direction is given under subsection (1)(b),—

            2. the prisoner concerned must promptly be given the reasons in writing for the direction, and any subsequent direction under subsection (4)(c):
              1. the chief executive must promptly be informed of the direction and the reasons for it.

                1. If a direction is given under subsection (1)(b), the direction—

                2. must be revoked by the prison manager if there ceases to be any justification, under subsection (1)(b), for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners:
                  1. may be revoked, at any time, by the chief executive:
                    1. expires after 14 days unless, before it expires, the chief executive directs that it continue in force:
                      1. must, if it continues in force because of a direction under paragraph (c), be reviewed by the chief executive at intervals of not more than 3 months.