Prison punishments

The maximum number of additional days that an independent adjudicator may order to be served as punishment for an offence is 42. If a prisoner is found guilty of more than one offence arising from the same incident, the punishments may be ordered to run consecutively.

Other punishments that are available at both internal and independent adjudications include forfeiture of facilities (maximum 42 days); stoppage of earnings (maximum 42 days); cellular confinement (maximum 14 days); or exclusion from work (maximum 21 days). These punishments are available to both independent adjudicators and prison governors.

Review of Punishment

There are two different procedures depending on whether the adjudication was conducted by a governor or the independent adjudicator. The briefing and casework unit at Prison Service Headquarters can review a finding of guilt or the punishment imposed by a prison governor. It is possible to obtain a copy of the record of the disciplinary hearing before making such an application and this must be provided free of charge. Prisoners can make such an application on a form ADJ 1 or a legal representative can write seeking a review. The application will normally have to be made within 3 months of the disciplinary hearing concluding.

Following an adjudication before an independent adjudicator, an application can be made to the Chief Magistrate at Bow Street to review the punishment awarded. There is no right of appeal or to a review of the finding of guilt itself, except through judicial review.

The Ombudsman can review governors’ disciplinary hearings if the adjudicator made a mistake in law or adopted a procedure that was unfair. The High Court can judicially review both governors’ and independent adjudications and these applications and can look at both findings of guilt and punishments.

An application can be made to the governor for cancellation of additional day awards if a period of six months has passed without further awards being made. The seriousness of the criminal offence for which the person is in prison and the seriousness of the disciplinary offence do not determine whether an award of additional days should be reduced in whole or part. The question is whether there has been an improvement in attitude and behaviour. The guidelines state that normally no more than half of additional days awarded should be returned on any one application.

Segregation

Prisoners can be segregated either as punishment following adjudication, for a maximum of 14 days, or for the maintenance of good order and discipline, or for the prisoner’s own protection. There is no time limit to the length of segregation if it is for good order or the prisoner’s protection. Prisoners segregated as a punishment must first be certified fit for such punishment by the medical officer, who should also see the prisoner daily during segregation and may order a return to normal location on medical grounds.

Prisoners who are segregated in the interests of good order or discipline (GOOD) may not be segregated for more than three days without the authorisation of either a member of the IMB or the Secretary of State for Justice. This authorisation may be for a maximum of one month, but may be renewed from month to month. Reasons for the segregation must be given as soon as possible and as far as practicable, in writing.

Disciplinary Transfers

Prisoners considered to be seriously disruptive or subversive may be transferred on a temporary basis to another prison for a period of up to one month for a cooling off period. They must be told of the reason for transfer in writing within twenty-four hours of the action being taken. If a prisoner is transferred under this provision, they should not be automatically segregated at the new prison. This will happen only if the governor of the new prison considers it necessary and the same rules concerning segregation as detailed above will apply.

As a last resort, prisoners can be selected for a place in the Close Supervision Centres (CSCs). These are special units at Woodhill and Durham prisons where the most dangerous and disruptive prisoners are held. The decision to place a prisoner in a CSC is made by a Committee on behalf of the Secretary of State and will be reviewed monthly by that Committee. Conditions in the CSCs are very severe, although they have been modified somewhat as a result of legal action taken by prisoners.

Temporary Confinement

Prison officers are instructed not to use force unless absolutely necessary and when necessary to use no more force than is absolutely necessary to achieve the required objective. A violent or unmanageable prisoner may be placed temporarily in a special or strip cell, but not as punishment, nor may such prisoners be held in these cells after they have ceased to be violent. The cell will be stripped of furniture except for a mattress or have cardboard furniture that cannot cause injury. This can only be done on the authority of the governor.

Restraints

The governor may order prisoners to be put in physical restraints where necessary to prevent injury to themselves, others, damaging property or creating a disturbance. Body belts, which are made of a leather belt around the waist with handcuffs attached to restrain movement, may be used for this purpose.

Physical restraints should only be used in rare and extreme cases. If restraints are used, the medical officer and a member of the IMB must be informed without delay. If the medical officer disagrees with the order to put the prisoner under restraint the governor must comply with his or her recommendation.

Observation

If a prisoner is put into a special cell or mechanical restraint, they must be observed every 15 minutes and be visited by the governor and medical officer twice every 24 hours. Prisoners may not be held for longer than 24 hours in mechanical restraints without the written authorisation of a member of the IMB or an officer of the Ministry of Justice, who is not an officer of the prison. If a prisoner is held wrongly, either unnecessarily or for too long, in a body belt or other restraint, this constitutes an assault.

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