Victorian Numbered Regulations

CORRECTIONS REGULATIONS 2009 (SR NO 40 OF 2009) - REG 57

r. 57

If a prisoner charged with a prison offence does not attend the hearing of the charge—

        (a)     the charge must be read, including—

              (i)     the name of the informant; and

              (ii)     details of the place of the alleged contravention; and

              (iii)     details of the relevant provision of the Act or regulations allegedly contravened;

        (b)     a plea of not guilty must be recorded on behalf of the absent prisoner, following which—

              (i)     the informant must present evidence that notice of the charge was served on the prisoner; and

              (ii)     the informant must present evidence to support the charge; and

              (iii)     the informant must be given a reasonable opportunity to call relevant witnesses; and

              (iv)     the Governor must decide if there is sufficient evidence to warrant proceeding with the charge and must dismiss the charge if he or she decides there is insufficient evidence to warrant proceeding with the charge; and

              (v)     if the Governor does not dismiss the charge, he or she must decide whether the prisoner is guilty or not guilty of the prison offence after hearing all the evidence presented in accordance with this regulation; and

              (vi)     if the Governor finds the prisoner guilty of the prison offence, the Governor must proceed to determine the penalty.