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Newfoundland and Labrador
Regulation 2002


NEWFOUNDLAND AND LABRADOR REGULATION 51/02

NEWFOUNDLAND AND LABRADOR
REGULATION 51/02

Prisons Regulations (Amendment)
under the
Prisons Act
(O.C. 2002-241)

(Filed July 9, 2002)

Under the authority of section 9 of the Prisons Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, June 27, 2002.

Tim Murphy
Deputy Clerk of the Executive Council (Acting)

REGULATION

Analysis


        1.   S.7.1 Added
Certain conduct an offence


CNLR 993/96
as amended

        1. The Prisons Regulations are amended by adding immediately after section 7 the following:

Certain conduct an offence

      7.1 (1) An officer shall not,

             (a)  except where approved by the superintendent or assistant superintendent, while off duty wear a uniform or other article of clothing or other equipment issued by the penitentiary;

             (b)  affix to a uniform a symbol of protest including a pin, button, or other insignia, not part of a uniform; or

             (c)  affix a symbol of protest to a vehicle or other item of equipment that is issued to him or her or under his or her control or operate a vehicle or other item of equipment to which a symbol of protest is affixed.

             (2)  An officer who fails to comply with or otherwise contravenes subsection (1) is guilty of an offence.

             (3)  Where, following an investigation, the superintendent or assistant superintendent is satisfied that an officer has committed an offence contrary to subsection (2), he or she may be convicted by the superintendent or assistant superintendent who may impose one or more of the penalties specified in section 16.

             (4)  Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, except subsection 16(1), and section 18 do not apply to an offence under this section.

             (5)  An officer convicted of an offence under this section may, within 30 days from the date of the conviction, appeal to a Provincial Court judge who may allow the appeal and quash the conviction or uphold the conviction or increase or reduce a penalty imposed by the superintendent or assistant superintendent.

             (6)  Before imposing a penalty referred to in section 16, the superintendent or assistant superintendent shall take into account the relevant circumstances surrounding the offence as well as the service record and prior conduct of that officer.