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Penal Manual 2006

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

PENAL MANUAL 2006

2006/3 – 26 September 2006

PART 1
GENERAL

1 Short title
2 Definitions
3 Principles and purposes and of the penal system
4 General instructions
5 Admission and discharge
6 General provisions as to discipline and control
7 Constables
8 Legal adviser
9 Visits
10 Release under special circumstances

PART 2
WELFARE OF INMATES

11 Religion
12 Education and library
13 Health
14 Accommodation, bedding and clothing
15 Food
16 Inmates awaiting trial
17 Inmates under the age of twenty-one
18 Inmates - good behaviour and remission
19 Inmates hours of work
20 Earning of inmates
21 Transfer of inmates to New Zealand

PART 3
DUTIES AND RESPONSIBILITIES OF PRISON OFFICERS

22 Management and control
23 Overall supervision
24 Keeping and maintaining official records
25 Prison officers and performance of duties
26 Instructions in the event of an emergency
27 Cases of emergency and lawful orders
28 Association other than in performance of duties with inmates prohibited
29 Personal visitors’ alcohol prohibited
30 Employment grievances
31 Officers hours of work

PART 4
PAROLE SYSTEM

32 Parole Board
33 Eligibility for parole
34 Jurisdiction of the Controller
35 Term of parole
36 Term of parole deemed part of sentence
37 Conditions of parole
38 Breach of parole
39 Recall of offender released on parole
40 Appointment of Parole Officers
41 Duties and responsibilities

PART 5
PROBATION SERVICE

42 Administration
43 Probation orders issued by Court
44 Conditions of release
45 Additional conditions may be imposed by Court
46 Breach of conditions of probation
47 Probation Officers report
48 Procedure for sentence on original sentence
49 Effect of subsequent sentence on probation
50 Discharge on expiry of probation
51 Probation Officers
52 Duties and responsibilities
53 Powers

PART 6
PRISON DISCIPLINE

54 Prison discipline
55 Offences by inmates relating to drugs and alcohol
56 Attempting or aiding commission of offence against discipline
57 Minor or unintentional breaches of discipline

PART 7
COMPLAINTS PROCEDURE

58 Purposes and objectives of complaints procedure
59 Prison, parole office and probation office must have internal complaints procedure
60 Assistance to make complaints
61 Persons under or previously under control
62 Investigation of complaints by Controller
63 Powers of entry and access by Controller
64 Interviews with Controller
65 Recommendations and directions of Controller

PART 1
GENERAL

1 Short title

This manual may be cited as the Penal Manual 2006.