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Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Prison detention orders

85: Order for detention in prison

You could also call this:

"Going to prison instead of a special residence for your own or others' safety"

Illustration for Public Safety (Public Protection Orders) Act 2014

If you are subject to a public protection order, the court can decide to send you to prison instead of a special residence. The court will only make this decision if they think you would be a big risk to yourself or others if you stayed in the residence, and they cannot keep you safe there. They also need to consider all other options to control your behaviour before sending you to prison.

The court can make this decision as soon as they make a public protection order against you. If the public protection order is no longer in place, the prison detention order will also stop. You will no longer have to stay in prison if this happens.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751210.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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84: Duty of manager to correct deficiencies, or

"Managers must fix problems found in special reports."

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86: Rights and obligations of person subject to prison detention order, or

"What happens to you and what you can expect if you're in prison waiting for a trial under a detention order"

Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Prison detention orders

85Order for detention in prison

  1. The court may, on the application of the chief executive, order that a person subject to a public protection order be detained in a prison instead of a residence.

  2. The court may make an order under subsection (1) only if satisfied that—

  3. the person would, if detained or further detained in a residence, pose such an unacceptably high risk to himself or herself or to others, or to both, that the person cannot be safely managed in the residence; and
    1. all less restrictive options for controlling the behaviour of the person have been considered and any appropriate options have been tried.

      1. The court may make an order under subsection (1) against a person immediately after making a public protection order against that person.

      2. A prison detention order ceases to have effect if the person against whom it is made ceases to be subject to a public protection order.