Governors have various options, including dealing with the case themselves, referring the matter to the Police or referring the matter to the Independent Adjudicator.
Matters referred to the Police could lead to further investigation including an interview under caution and potential proceedings before a Court. The Governor will normally deal with less serious matters, with more serious matters being referred to the Police or to the Independent Adjudicator. An Independent Adjudicator is a District Judge who will attend the prison to deal with more serious allegations of ill-discipline. The amount of times they attend each month will entirely depend on the amount of adjudications there are at the prison, as some have a significant amount more than others.
If the prisoner has been referred to the Independent Adjudicator, they must appear before them within 28 days of appearing before the Governor. The Independent Adjudicator has the power to impose additional days onto the sentence of the prisoner, subject to the sentence that prisoner is serving and the stage at which they are within that sentence.
The Judge can impose up to 42 days for an offence. Governor: There is no right to legal representation for adjudications which remain before the Governor as the Governor does not have the ability to impose additional days onto your sentence.
Prisoners appearing before the Governor can make a request for legal representation or a McKenzie Friend to attend the hearing with them. A McKenzie Friend is someone who provides support and advice but does not actively represent the prisoner at the hearing. Any request for representation or a McKenzie Friend is made to the Governor and will be considered in accordance with what are known as the Tarrant Principles.
The principles include issues such as the complexity of the case, the capacity of the prisoner, the seriousness of the charge and fairness. Independent Adjudicator: Prisoners appearing before the District Judge are entitled to legal representation should they wish for it. However, in the event that you do not arrange for legal representation, the Judge may grant an adjournment so that a Solicitor can be arranged.
This is at the discretion of the Judge and you should not assume that the Judge will grant an adjournment, especially in circumstances where there has been ample opportunity for you to arrange legal representation.
Should you instruct a Solicitor, they can consider the allegation against you, take your instructions, and represent you before the Independent Adjudicator. Legal aid is available for those appearing before the Independent Adjudicator and those prisoners who appear before the Governor and are granted legal assistance.
The prisoner or their Solicitor will be given the opportunity to ask questions of the Reporting Officer and the witnesses. Once that evidence has been heard, the prisoner and any defence witnesses will be invited to give evidence so that their version of events can be put forward.
Once all the evidence has been heard, the adjudicator will decide if the prisoner is guilty or not guilty. If a prisoner is convicted a conduct report, setting out any previous findings of guilt before an adjudicator and general information on compliance during the sentence, will be read out. The prisoner or Solicitor will then be able to mitigate about the circumstances of the offence or any other relevant matter that can assist the adjudicator before passing sentence.
There are a range of sentences available to the Governor and the Independent Adjudicator. Matters dealt with by the Judge generally attract additional days but the Judge does have the power to impose punishments available to the Governor. Other punishments available include loss of canteen, cellular confinement and loss of privileges. There are sentencing guidelines which are used by the Judge in determining how many additional days, if any, should be imposed as a punishment.
Every offence will have a starting point and a range of additional days that can be imposed. If a prisoner pleads guilty to an offence they will be entitled to a reduction of one-third credit off their sentence.
As in the Criminal Courts some of the sentences imposed by adjudicators, including additional days, can be suspended. This means that the punishment does not become active unless a further offence is committed during the period of suspension. Prisoners can also apply for remission of up to half of the additional days imposed by a Judge by completing a DIS9 and submitting it to the Governor.
This can be done six months four months for young offenders after the date of the offence s for which the additional days were imposed. In order to successfully apply for remission a period of good behaviour and compliance must be demonstrated by the prisoner. In the event that the Governor or Adjudicator refers your matter to the police, you could face a police investigation.
PDF , KB , 4 pages. This prison service instruction PSI contains general guidance and detailed information about the duties and roles of prison staff when carrying out a disciplinary hearing adjudication if a prisoner is alleged to have broken prison rules.
It also includes details about the role and powers of adjudicators and the types of punishments that can be given out. This is a current PSI. It came into effect on 1 February It was last updated 27 January Book your coronavirus vaccination and booster dose on the NHS website. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV.
UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies. Hide this message. Home Crime, justice and law Prisons and probation. Applies to England and Wales Documents. Request an accessible format. If you use assistive technology such as a screen reader and need a version of this document in a more accessible format, please email web.
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