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Offences
The Prison Rules create a number of offences against discipline that can be punished by the governor. If the alleged offence is very serious, it should be referred to the police for prosecution in the criminal courts. If there is to be a referral to the police, a disciplinary charge should still be laid and, if the governor is satisfied that there is a case to answer, he or she should adjourn the hearing pending the outcome of the police investigation. If the police decide not to proceed in the outside courts, the governor may continue the proceedings. However, prisoners cannot be tried for the same offence in both the criminal courts and before the governor. There is an offence of prison mutiny which can be punished with imprisonment for up to ten years, a fine, or both. It is committed if two or more prisoners engage in conduct intended to further a common purpose of overthrowing lawful authority in a prison. Prisoners may be regarded as taking part in a mutiny if they fail to leave when there is a reasonable opportunity to do so.
Offences under the Prison Rules range from the more serious, which are also criminal offences such as assault, to more minor offences, for example refusing to work or disobeying a rule or regulation. The Prison Rules allow for additional days to be added to your sentence following a finding of guilt for a more serious offence. Such an award can only be made by an independent adjudicator and not a prison governor (see below). In privately run prisons, the controller of the prison, and not the director, conducts internal disciplinary hearings. All disciplinary hearings are commenced by a hearing before the governor but if the offence is serious to warrant additional days being awarded, it will be referred to an independent adjudicator.
Mandatory Drugs Tests
All prisoners can be required to undertake a mandatory drug test (MDT) on reception to prison, on a random selection, or if the governor has reasonable suspicion that an individual is using or supplying controlled drugs. It is a disciplinary offence to refuse a test or to test positive for a controlled drug. There are statutory defences that the prisoner had lawful excuse to take the drug, for example as prescribed medicine, or that it was administered to the prisoner without his/her knowledge or consent. In cases where the prisoner disputes the scientific finding, it is possible to instruct an independent expert to conduct a test on the sample. The ECtHR has held that mandatory drug testing in prisons is lawful.
Many prisons also have drug free wings where prisoners undertake voluntary drugs tests (VDT). If a prisoner tests positive for the use of a controlled drug on a VDT, this test should not be used to commence disciplinary proceedings.
Offences under the Prison Rules range from the more serious, which are also criminal offences such as assault, to more minor offences, for example refusing to work or disobeying a rule or regulation. The Prison Rules allow for additional days to be added to your sentence following a finding of guilt for a more serious offence. Such an award can only be made by an independent adjudicator and not a prison governor (see below). In privately run prisons, the controller of the prison, and not the director, conducts internal disciplinary hearings. All disciplinary hearings are commenced by a hearing before the governor but if the offence is serious to warrant additional days being awarded, it will be referred to an independent adjudicator.
Mandatory Drugs Tests
All prisoners can be required to undertake a mandatory drug test (MDT) on reception to prison, on a random selection, or if the governor has reasonable suspicion that an individual is using or supplying controlled drugs. It is a disciplinary offence to refuse a test or to test positive for a controlled drug. There are statutory defences that the prisoner had lawful excuse to take the drug, for example as prescribed medicine, or that it was administered to the prisoner without his/her knowledge or consent. In cases where the prisoner disputes the scientific finding, it is possible to instruct an independent expert to conduct a test on the sample. The ECtHR has held that mandatory drug testing in prisons is lawful.
Many prisons also have drug free wings where prisoners undertake voluntary drugs tests (VDT). If a prisoner tests positive for the use of a controlled drug on a VDT, this test should not be used to commence disciplinary proceedings.
