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Discipline Procedure
Discipline Procedure
The procedures for prison discipline are set out in PSO 2000 (also called the Prison Discipline Manual). A copy of this should be available to prisoners on request and should be kept in the prison library or can be accessed on the Prison Service’s website. Some of the key features of the prison disciplinary system are:
The procedures for prison discipline are set out in PSO 2000 (also called the Prison Discipline Manual). A copy of this should be available to prisoners on request and should be kept in the prison library or can be accessed on the Prison Service’s website. Some of the key features of the prison disciplinary system are:
- A charge must be laid as soon as possible and, save in exceptional circumstances, within 48 hours of the discovery of the offence.
- Pending enquiry by the governor, a prisoner who is to be charged may be segregated. After the governor's first enquiry, segregation is only permissible under Rule 45.
- The charge must be in sufficient detail for the prisoner to know exactly what is alleged against him or her.
- If the governor considers that an award of additional days would be appropriate if the charge is proven, the case should be referred to an independent adjudicator. In such cases, the independent adjudicator must conduct a first hearing within 28 days of the referral. Independent adjudicators are district judges (magistrates) who sit in the prison to hear such charges.
- Where cases are referred to an independent adjudicator, there is a right to be legally represented at the hearing and the legal aid scheme makes provision for such representation.
- In cases where the charge is not serious and is to be dealt with by a governor, the governor must ask if the prisoner understands the procedure and if he or she wishes to be legally represented or assisted, but is not obliged to grant a request for legal representation. As an alternative, the prisoner can ask for the assistance of a 'McKenzie friend'.
- If legal representation is refused, the prisoner may still request an adjournment in order to get legal advice from a solicitor.
- In all cases, the prisoner may request copies of statements or other written material that is to be used in evidence.
- At the hearing the prisoner must be allowed to put questions to witnesses who give evidence against him or her and to call witnesses who are relevant to his or her defence.
- The case must be proved to the criminal standard of proof, that is, beyond a reasonable doubt.
