Corrections Act 2004

Corrections system - Establishment and operation of prisons - Temporary release from custody and temporary removal of prisoners

65: Removal of prisoner for judicial purposes

You could also call this:

"Taking a prisoner to court for a trial or sentence"

Illustration for Corrections Act 2004

If you are a prisoner, you can be taken to court for a trial or sentence. You can also be moved from one prison to another for these purposes. You might need to go to court if you are charged with a new offence, or if there is an application for an extended supervision order under Part 1A of the Parole Act 2002, or a public protection order under the Public Safety (Public Protection Orders) Act 2014. A court or Judge can order you to be brought to court, and the prison manager must follow this order.

If a court orders you to be brought to court, they might ask someone to pay for the costs of moving you. These costs include the expenses of looking after you while you are away from prison. You will be taken back to prison after you have been to court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295481.


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Part 2Corrections system
Establishment and operation of prisons: Temporary release from custody and temporary removal of prisoners

65Removal of prisoner for judicial purposes

  1. A prisoner may be—

  2. brought up for trial or sentence (or for any bail application, remand, adjournment, or other ancillary proceeding); and
    1. removed by or under the direction of the prison manager from one prison to another or from one place of confinement to another for any of these purposes or for the purpose of undergoing sentence.
      1. Subsection (3) applies if—

      2. a prisoner is charged with an offence, not being the offence for which the prisoner is in custody; or
        1. a prisoner is the subject of an application under Part 1A of the Parole Act 2002 for an extended supervision order; or
          1. a prisoner is the subject of an application for a public protection order under the Public Safety (Public Protection Orders) Act 2014; or
            1. in any other case, the interests of justice require the attendance for judicial purposes of a prisoner.
              1. If this subsection applies, any court or Judge or Registrar may, by order in writing, direct the manager of the prison in which the prisoner is detained to bring the prisoner, or to ensure that the prisoner is brought, before the court or, as the case may require, to arrange the attendance of the prisoner for those judicial purposes, as often as is necessary, and the manager must obey the order.

              2. The court or Judge or Registrar making any order under subsection (3) must, if the order is made in a civil proceeding, and may, if it is made in any other proceeding, require any person applying for the order to deposit a sum sufficient to pay the expenses of bringing the prisoner before the court or, as the case may require, arranging the attendance of the prisoner for judicial purposes, and returning the prisoner to the prison in which he or she is required by law to be detained.

              3. In subsection (4), expenses, in relation to a prisoner, includes the expenses of the prisoner's maintenance and custody from the time the prisoner leaves the prison until the time he or she returns.

              Compare
              • 1954 No 51 s 26(1), (2), (4)
              Notes
              • Section 65(1)(a): amended, on , by section 6 of the Corrections Amendment Act 2011 (2011 No 84).
              • Section 65(2)(ab): inserted, on , by section 14(4) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
              • Section 65(2)(ab): amended, on , by section 29(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).
              • Section 65(2)(ac): inserted, on , by section 144 of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68).