Independent Adjudications
Offences against prison discipline are dealt with by the adjudications system
Many prisoners are subject to adjudications on a frequent basis
A prisoner may receive adjudication if it is said that they have committed an offence contained within the Prison Rules such as disobeying lawful orders, failing a mandatory drug test or having an unauthorised item, such as a mobile phone.
All such charges are first heard by the Prison Governor. However, where the charge is potentially serious enough for a punishment of additional days being added to a prisoner’s sentence, the matter will be referred to an Independent Adjudicator who is a District Judge that will come into the prison to deal with the hearing.
Prisoners are entitled to legal aid to instruct a solicitor to represent them in any proceedings before the Independent Adjudicator, subject to means, and we regularly represent prisoners in these hearings.
Unfortunately, legal aid for adjudications before the Prison Governor is no longer available. However, once a matter has been referred to the Independent Adjudicator then it cannot be referred back to the Prison Governor. Any matter that has been unlawfully or wrongly referred to the Independent Adjudicator should be dismissed by them and we can attend the hearing with the prisoner to make this argument.
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