Understanding Prison Adjudications

Punishments in prison adjudications vary based on the severity of the offense and include:

• Loss of Privileges: Inmates may lose visitation rights, canteen access, or television privileges.
• Cellular Confinement: Prisoners can be confined to their cells for up to 21 days.
• Additional Days: Extra days can be added to an inmate’s sentence, but this requires an independent adjudicator’s approval.
• Referral to Police: Serious offenses might be referred to the police, potentially leading to new criminal charges.

Governor vs. Independent Adjudicator

Governor Adjudications: These are handled by the prison governor and are typically for less severe breaches. Legal representation is not usually allowed unless the governor permits it due to the case’s complexity or the prisoner’s inability to represent themselves adequately.

Independent Adjudicator Adjudications: For more severe breaches, an independent adjudicator, often a district judge, conducts the hearing. In these cases, prisoners are entitled to legal representation.

Appeals Process

Prisoners dissatisfied with the adjudication outcome can appeal to the Prisons and Probation Ombudsman within 21 days of the decision. Legal advice is highly recommended as the appeals process can be complex.

Rights and Support During Hearings

Prisoners have certain rights during adjudications, including:

• Legal Advice: Prisoners can seek legal advice through letters, phone calls, or visits with their solicitor.
• Representation: In cases handled by an independent adjudicator, prisoners can have a solicitor represent them.
• McKenzie Friend: This is a friend or advisor who can accompany the prisoner to the hearing to provide advice and take notes, although they cannot speak unless permitted by the governor.

Recent Updates to Adjudication Procedures

As of May 2024, new rules and guidelines have been implemented to enhance the fairness and efficiency of prison adjudications. These include detailed procedures for administering hearings, roles and powers of adjudicators, and types of permissible punishments​​​​​​.

FAQs

1. What is a prison adjudication? Prison adjudication is a formal disciplinary hearing within a prison where inmates are charged with breaking prison rules and appropriate punishments are decided.

2. What happens during a prison adjudication hearing? During a hearing, evidence is presented by the prison officer and the prisoner has the opportunity to defend themselves. The governor or adjudicator then decides on the outcome and any punishment.

3. Can I have legal representation at a prison adjudication? Legal representation is allowed if the hearing is conducted by an independent adjudicator. For governor adjudications, it is only permitted under special circumstances.

4. What types of punishments can be given in prison adjudications? Punishments can include loss of privileges, cellular confinement, additional days added to the sentence, and referral to the police for severe cases.

5. How can I appeal a prison adjudication decision? You can appeal to the Prisons and Probation Ombudsman within 21 days of the decision. It’s recommended to seek legal advice for the appeal process.

6. What is the role of an independent adjudicator? An independent adjudicator, usually a district judge, handles serious breaches of prison rules and has the authority to impose more severe punishments, including additional days to the sentence.

7. What support can I get during a prison adjudication hearing? Prisoners can get legal advice, have a solicitor represent them, or have a McKenzie friend accompany them to the hearing.

8. What are the new rules for prison adjudications in 2024? The new rules, effective from May 2024, provide detailed procedures for hearings, define roles and powers of adjudicators, and specify types of punishments​​​​.

9. Can a prison adjudication hearing proceed without the prisoner? Yes, if the prisoner refuses to attend or their behavior is too disruptive, the hearing can proceed in their absence.

10. What should I do if I disagree with the adjudication outcome? You should file an appeal with the Prisons and Probation Ombudsman and seek legal advice to navigate the appeal process.

Summary and Conclusion

Understanding the process and implications of prison adjudications is crucial for inmates and their families. These hearings ensure discipline within prisons but also come with significant consequences for those found guilty. Staying informed about the procedures, rights, and recent updates can help navigate the system more effectively and advocate for fair treatment.

For further reading, visit Prison Reform Trust.

Research URLs:

• GOV.UK – Prisoner Discipline Procedures
• Prison Reform Trust
• Prison Info
• Russell Webster

Read our other prison pages such as Prison Categorisation