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Corrections Act 2004

Corrections system - Offences - Offences against discipline

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

You could also call this:

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

Illustration for Corrections Act 2004

If you are a prisoner, a Visiting Justice can still hold a hearing without you being there. This can happen if the Visiting Justice thinks you have refused to attend the hearing. It can also happen if the Visiting Justice asks you to leave the hearing because you are being disruptive.

Before the Visiting Justice makes a decision about you not being at the hearing, they must hear from an officer that you were given the chance to attend but said no. The Visiting Justice must follow what is said in section 137(2), but there are some exceptions. You can find more information about this in the Corrections Act 2004.

If the Visiting Justice decides to hold the hearing without you, they must write down their decision and the reasons why they made it. This is an important part of the process to make sure everything is fair and recorded properly. The Visiting Justice has to do this as part of their job to oversee hearings and make decisions about prisoners.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS996927.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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138: Reference of case from Visiting Justice to hearing adjudicator, or

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

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138B: Imposition of penalties on prisoner who is called to appear before Visiting Justice, or

"What happens if a prisoner does something wrong again and has to see a Visiting Justice"

Part 2Corrections system
Offences: Offences against discipline

138AVisiting Justice may proceed with hearing without prisoner present

  1. Despite section 137(2), the Visiting Justice may proceed with a hearing without the prisoner present if—

  2. the Visiting Justice is satisfied that the prisoner has refused to attend the hearing; or
    1. the Visiting Justice requires the prisoner to leave the hearing on the grounds of the prisoner’s disruptive behaviour.

      1. Before making a decision under subsection (1)(a), the Visiting Justice must receive evidence from an officer that the prisoner has been given the opportunity to attend the hearing and has refused.

      2. If the Visiting Justice decides to proceed with a hearing without the prisoner present, the Visiting Justice must record in writing the decision and reasons for it.

      Notes
      • Section 138A: inserted, on , by section 43 of the Corrections Amendment Act 2024 (2024 No 41).