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Corrections Act 2004

Corrections system - Offences - Offences against discipline

132: Minor or unintentional breaches of discipline

You could also call this:

"Breaking prison rules by accident or in a small way"

Illustration for Corrections Act 2004

If you break a prison rule by accident or it's not a big deal, an officer will try to handle it in a fair way. They will stop you from breaking the rule and explain what you did wrong. The officer will then tell you to behave properly and might let you say sorry to anyone you upset. If the officer does not handle it this way, you can still get in trouble for breaking the rule. The officer has to deal with the situation in a way that is fair and makes sense at the time.

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Topics:
Crime and justice > Criminal law
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"Helping or trying to break prison rules can get you in trouble"

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133: Powers of hearing adjudicator in relation to offences against discipline, or

"What happens if a prisoner breaks the rules: a hearing and possible penalties"

Part 2Corrections system
Offences: Offences against discipline

132Minor or unintentional breaches of discipline

  1. As far as practicable in the circumstances and if appropriate, an officer must deal with a minor or an unintentional breach of discipline by a prisoner in the following manner:

  2. by stopping the breach of discipline and explaining the nature of the breach to the prisoner committing the breach:
    1. by instructing the prisoner to correct his or her behaviour:
      1. by allowing the prisoner to make amends to any person aggrieved by the breach.

        1. If a minor or an unintentional breach of discipline is not dealt with under subsection (1), this section does not prevent a prisoner from being charged with a disciplinary offence.

        Compare
        • SR 2000/81 r 143