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KSTGeneral information, not legal advice
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For whom may the head of a prison assign work during a sentence, and what does the provision require before that work is assigned?

General information · Not legal advice

Material to check

In a practice file we read the application for work assignment, since the provision makes work depend on it, and the papers showing which sentence is being executed, because only imprisonment or detention in execution brings a person within the provision's reach. The head of prison's decision on the application shows who acted.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading follows the provision's own conditions: the head of a prison may assign work to a person only where that person is serving a sentence of imprisonment or detention, and only where an application has been made, so both the stage of the sentence and the application are what the provision turns on.

Another reading stresses the permissive word 'may': the provision grants the head of a discretion on an application, but says nothing about who may apply, what the application must state, or on what basis the head may refuse, so a valid application does not by itself produce work.

Your judgment

If the file holds an application but no record of work being assigned, what facts would show whether the head of the prison exercised that discretion?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We revisit this card if the provision is amended to add other sentences, to name who may apply, or to limit the head's discretion, or if a decision clarifies what the application must contain.

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