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you are here: > Americas Union Prison Code
> Article 62
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10. Correctional system facility objects |
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| Article 62-Commission of Inquiry | ||
| 62.1 | Commission of Inquiry | |
| A commission of inquiry is a formal hearing at which one or more Corrections officers are subject to inquiry of their specific actions whilst stationed at one or more corrections facilities. |
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| A commission of inquiry provides a mechanism by which complaints made against corrections staff either by prisoners, others corrections officers or members of the public may be heard and considered. |
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| General Commission of Inquiry | ||
| Full Commission of Inquiry | ||
| 62.2 | General commission of inquiry | |
| A General commission of inquiry shall be all inquiries where the charges against one or more corrections officers are not explicitly charges mandated by this code as requiring a full commission of inquiry and or where a petition for commission of inquiry holds less than what is required for a full commission of inquiry. |
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| A general commission of inquiry shall be presided by the Commander of the corrections facility for all accusations against corrections officers or staff less than rank of Captain. |
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| Where the Commander and/or Captain are implicated in the fact sheet associated with the petition, the general commission shall be presided by a person nominated by the office of General Secretary of Corrections. |
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| A general commission shall have the same powers as a magistrates court to call witnesses and investigate evidence and all proceedings are required to be recorded. The proceedings of a general commission are admissible as evidence. At the conclusion, the Presiding authority shall rule on the validity of the accusation and make recommendations for action. |
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| The presiding authority of a general commission does not have the power to impose a judicial sentence, other than to recommend that charges be laid in the case. However, the presiding authority does have authority to impose restrictions against a corrections officer up to their dismissal. |
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| 62.3 | Full commission of inquiry | |
| A full commission of inquiry shall be all inquiries where the charges against one or more corrections officers explicitly mandated by this code as requiring a full commission of inquiry and or where a petition for commission of inquiry holds the minimum of what is required for a full commission of inquiry. |
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| A full commission of inquiry must be presided by no less than a magistrate or judge of the local or regional courts for all accusations against corrections officers or staff less than rank of Captain. |
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| Where the Commander and/or Captain are implicated in the fact sheet associated with the petition, the full commission shall be presided by a Supreme Court Justice of the State or National courts. |
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| A full commission shall have the same powers as a court to call witnesses and investigate evidence and all proceedings are required to be recorded. The proceedings of a general commission are admissible as evidence. At the conclusion, the Presiding authority shall rule on the validity of the accusation and make recommendations for action. |
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| The presiding authority of a general commission does not have the power to impose a judicial sentence where the accused asserts their right to be heard before a jury. However, where the accused waive their rights to be heard before a jury, a Full Commission may make binding criminal and/or civil judgments in favour or against the accused. Furthermore, the presiding judge/magistrate of a full commission of inquiry has the authority to impose restrictions against a corrections officer up to their dismissal. |
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