Corrections Act 2004

Corrections system - Offences - Offences against discipline

138: Reference of case from Visiting Justice to hearing adjudicator

You could also call this:

"A Visiting Justice can send your case to a hearing adjudicator to make a decision."

Illustration for Corrections Act 2004

If you are in front of a Visiting Justice for an offence against discipline, they might send your case to a hearing adjudicator. This can happen before the Visiting Justice decides if you are guilty or not. The Visiting Justice can do this if they think it is a good idea for a hearing adjudicator to hear your case, and if they think the hearing adjudicator can make a decision without needing to send it back to the Visiting Justice. The hearing adjudicator will then hear your case and make a decision according to the rules set out in section 133, which is different from what is said in sections 134 to 137.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296513.


Previous

137: Powers of Visiting Justice in relation to offences by prisoners, or

"What happens when a prisoner breaks the rules: a Visiting Justice can investigate and give penalties"


Next

138A: Visiting Justice may proceed with hearing without prisoner present, or

"A judge can still make decisions about you even if you're not at the hearing."

Part 2Corrections system
Offences: Offences against discipline

138Reference of case from Visiting Justice to hearing adjudicator

  1. Despite anything in sections 134 to 137, a Visiting Justice may, before making a decision as to whether the charge is proved, refer the case to a hearing adjudicator for hearing or rehearing and determination in accordance with section 133.

  2. A Visiting Justice may exercise the power conferred by subsection (1) only if he or she considers that—

  3. it is appropriate for the case to be heard by a hearing adjudicator; and
    1. the case can effectively be determined by the hearing adjudicator without reference or further reference, as the case may be, to a Visiting Justice.