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Corrections Act 2004

Corrections system - Offences - Offences against discipline

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

You could also call this:

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

Illustration for Corrections Act 2004

If you are a prisoner and you did something wrong, a Visiting Justice might call you to appear before them. This happens when you have already done something wrong, called the first offence, and then you do something wrong again, called the subsequent offence. The Visiting Justice will hear about the subsequent offence and decide what to do about the first offence.

If the Visiting Justice thinks you did the subsequent offence, they can give you a penalty for the first offence. They can choose a penalty from a list of options, which depends on what you did wrong the first time. The Visiting Justice can look at section 133(3) or (4) or section 137(3) or (4) to decide on a penalty.

The Visiting Justice might decide not to give you a penalty for the first offence if they think it is not fair to do so. They will make this decision based on what they think is best.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS996979.

Topics:
Crime and justice > Criminal law
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Part 2Corrections system
Offences: Offences against discipline

138BImposition of penalties on prisoner who is called to appear before Visiting Justice

  1. This section applies to a prisoner—

  2. for whom an order was made under section 133(4A) or 137(4A) in relation to an offence (the first offence); and
    1. who is required to appear for a hearing—
      1. for a subsequent offence against discipline that is alleged to have been committed during the period specified in the order; and
        1. for the imposition of any penalties in relation to the first offence if the subsequent offence is proved.

        2. If the subsequent offence is proved, the Visiting Justice may, with respect to the first offence,—

        3. impose on the prisoner 1 or more penalties—
          1. under section 133(3) or (4) or both, if the first offence was proved under section 133; or
            1. under section 137(3) or (4) or both, if the first offence was proved under section 137; or
            2. decide not to impose any penalties on the prisoner if, in the Visiting Justice’s opinion, it is not in the interests of justice to impose any penalty on the prisoner for the first offence.

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