Corrections Act 2004

If you need more information about this Act, please contact the administering agency: Department of Corrections
45 Disposal and destruction of prisoner property

(1)

An item of prisoner property may be destroyed or disposed of in a manner approved by the prison manager if the prison manager considers the item to be—

(a)

a dangerous item or substance; or

(b)

a health hazard; or

(c)

inflammable; or

(d)

alcohol; or

(e)

a controlled drug (within the meaning of the Misuse of Drugs Act 1975); or

(f)

objectionable; or

(g)

perishable.

(2)

An item of prisoner property may be destroyed or disposed of in a manner approved by the prison manager if the prison manager requires the item to be removed from the prison in accordance with any regulations made under this Act, and the prisoner concerned fails to comply with that requirement reasonably promptly.

(3)

Any destruction of a prisoner’s property must be carried out in the prisoner’s presence unless—

(a)

destruction in his or her presence is dangerous or impracticable; or

(b)

the prisoner cannot be identified or located.

Compare: SR 2000/81 r 120

Section 45(1)(d): replaced, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).