After an absence of nearly nineteen years, in 1990 the concept of solitary confinement was reinstated. Under section 36 of the Correctional Services Act 1982 the Chief Executive of the Department for Correctional Services may direct that a prisoner be kept separately and apart from all other prisoners within the prison if in his or opinion it is desirable:
A prisoner confined for one of the last three reasons may be kept in solitary confinement for as long as the Chief Executive wishes [see s 36(4)]. The Minister for Correctional Services must be given a report about any such confinement (of 5 days or more duration in any 10 day period) and may review the decision and either confirm or revoke it [see ss 36(9) and 36(10)]. The prisoner confined must be given a copy of the Chief Executive's direction (which must be in writing) within twenty four hours of the direction [see s 36(7)].
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.