If you break the prison rules, you may face disciplinary action. This can include losing your privileges, losing your earnings from working, and being confined to your cell (cell confinement).

If what you did also broke the criminal law, you may have criminal charges brought against you. If you’re found guilty your prison sentence could be increased, depending on how serious the charge is. For example, if you try to escape from prison you can be punished in the criminal courts and also have your privileges removed from you at the prison.

Corrections Act 2004, s 132

Usually a minor or accidental breach of the rules shouldn’t lead to disciplinary action against you. Instead a prison officer should:

• explain the rule that you’ve broken
• tell you to stop
• allow you to say sorry to anyone who’s been affected.

However, if you keep breaking the rule, then it will become a disciplinary issue.

Corrections Act, ss 128 – 129

There are a lot of rules. You should be provided with a list of offences when you arrive at prison. You can also request a list from your PCO.

Some key offences that can lead to disciplinary action are:

• disobeying lawful orders
• threatening or offensive behaviour
• having or using unauthorised property
• damaging property
• getting a tattoo or tattooing another prisoner
• having or using drugs or alcohol
• smoking.

Corrections Act 2004, ss 69, 133, 137

Penalties can include:

• removing some or all of your privileges – for example, for a limited time you may not be allowed to buy things from the prison canteen or to have access to TV, music or time in the yard
• suspending future earnings – this means that for a limited time you won’t receive any money for the work you do
• being confined to your cell (cell confinement) – this is where you have a 23-hour a day lockdown either in your own cell within your unit or in a separate smaller unit. These smaller units are often called “the pound” or “separates”.

New Zealand Bill of Rights Act 1990, ss 9, 23; Corrections Act 2004, s 83

Under the New Zealand Bill of Rights Act you have the right to be treated fairly and with humanity and dignity. Any punishment you’re given can’t be “disproportionately severe” (too severe for what you did).

The prison can’t use more force against you than is reasonably necessary to control the situation. To make a complaint about too much force, usually the first step is to complain to your PCO (Principal Corrections Officer – the senior prison officer in your unit).

For more information, see “Use of force”

Corrections Regulations 2005, reg 152, Schedule 7

You’ll be given a written notice that sets out:

• details of what the prison claims you’ve done
• the rule that you’re charging with breaking.

The prison will hold a disciplinary hearing where you’ll be able to have your say and explain what happened. The hearing will be held by a Hearing Adjudicator or a Visiting Justice (who these two officials are is explained below).

You can’t be punished unless a hearing has been held and you’ve either pleaded guilty or been found guilty. You must be found guilty “beyond reasonable doubt”, which is the same test as for criminal charges.

Every prison must have Hearing Adjudicators – these are people who are employed by the prison to hold hearings when prison rules are broken. They can decide punishments, but they don’t have as much power as a Visiting Justice.

Corrections Act 2004, s 133

A Hearing Adjudicator can:

• stop or postpone any privileges you may have for up to 28 days
• stop your earnings for up to seven days
• confine you to your cell for up to seven days.

They can also pass your case on to a Visiting Justice or to the courts.

A Visiting Justice is usually a Justice of the Peace or a lawyer. They usually hold hearings for more serious breaches of prison rules, while Hearing Adjudicators deal with less serious breaches.

The Visiting Justice visits the prison regularly and has the power to:

• inspect prisons and interview prisoners
• examine the treatment of prisoners and investigate claims that prisoners have been mistreated
• hold hearings when prisoners have broken prison rules.

Corrections Act 2004, s 137

A Visiting Justice can:

• stop or postpone your privileges for up to three months
• stop your earnings for up to three months
• confine you to your cell for up to 15 days.

They can also order that your case will be heard before a court if they believe you’ve broken the criminal law.

The hearing should take place as soon as possible, but you must be given enough time to prepare your defence. The prison must make sure you have the necessary tools to prepare your defence, such as access to legal advice from a lawyer, and pens and paper.

If the hearing is taking too long to happen, you can apply to a prison inspector to have the charge against you dismissed.

Corrections Regulations 2005, reg 152, Schedule 7

If the charge isn’t laid within seven days after the relevant prison officer became aware of the thing that you’re supposed to have done or not done, you can apply for the charge to be dismissed. The charge should be dismissed if it was unreasonable to take so long to lay the charge.

If the hearing hasn’t taken place within 14 days of the charge being laid (or 21 days if there’s been an adjournment – which is where the hearing is ordered to be put off for a time), then you can apply for a discharge. The charge should be dismissed if it was unreasonable for the hearing to take so long to take place.

If the hearing has been adjourned because you’re facing drug or alcohol charges and you need to have a urine or hair analysis, then those time limits don’t apply.

You must be present at the hearing and you’ll be able to have your say about what happened. Under the Bill of Rights Act you’re entitled to “natural justice”, which includes the right to be heard and to have a fair hearing from an unbiased decision-maker.

At the start of the hearing the charge must be read to you and you’ll be asked whether you plead guilty or not guilty.

You’re allowed to cross-examine any witness (ask them your own questions).

Sometimes hearings may take place by video link, rather than in person.

Corrections Act 2004, s 135; Corrections Regulations 2005, reg 152, Schedule 7

Before the disciplinary hearing the prison must give you access to a phone to speak with your lawyer, as well as providing you with pen and paper.

You can ask to have a lawyer represent you at the hearing, but whether this will be allowed will be decided by the Hearing Adjudicator or Visiting Justice who’s dealing with your charge. When they’re deciding this they have to take into account:

• how serious the charge against you is
• how complicated the issues are
• whether you’re able to present your case effectively yourself
• any other relevant factors.

If your charge is being dealt with by a Hearing Adjudicator and they agree to let you have a lawyer, then your charge will be transferred to a Visiting Justice for the hearing.

If the Hearing Adjudicator refuses to let you have a lawyer, you can appeal this decision to a Visiting Justice.

You’ll have to pay for your lawyer yourself.

No, legal aid isn’t available for disciplinary hearings in front of a Hearing Adjudicator or Visiting Justice.

Corrections Regulations 2005, reg 152, Schedule 7

You can ask to have a support person other than your lawyer, and the prison manager will decide whether to allow this. The support person can’t be another prisoner.

No. Your support person can only speak if they’re asked questions by the Hearing Adjudicator or Visiting Justice.

Corrections Act 2004, s 136

You can appeal any decision made by a Hearing Adjudicator to the Visiting Justice, but you can’t appeal a decision made by a Visiting Justice. If you appeal the Hearing Adjudicator’s decision your case must be heard by the Visiting Justice as soon as possible.

The punishment that has been imposed on you will be suspended (that is, it won’t happen) until your appeal is dealt with.

If you appeal the finding that you’re guilty of the charge, the whole case must be held again by a Visiting Justice. If you appeal just the punishment (penalty) you were given, the Visiting Justice will only reconsider the penalty.

Corrections Act 2004, s 136; Corrections Regulations 2005, reg 152, Schedule 7

You have 14 days from the decision to ask for an appeal. You should tell your PCO (in writing if possible) that you want to appeal the decision, and the PCO should pass your request on to a Visiting Justice as soon as possible.

Crimes Act 1961, ss 40, 119, 120; Corrections Act 2004, s 83

If you escape from prison this is a criminal offence, and you can be punished by a prison term of up to five years.

Prison officers and the police are allowed to use force to stop you escaping, or to capture you if you do escape.

If you cause damage to the prison attempting to escape you can receive a prison term of up to seven years.

Crimes Act 1961, s 121

If you help someone escape this is a criminal offence and you can be punished by a prison term of up to seven years.