UNCLASSIFIED

TITLE
PRISON DISCIPLINE MANUAL – AUTHORITY TO CONDUCT ADJUDICATIONS
This instruction applies to : / Reference :
Prisons / PSI 32/2010
Issue date / Effective Date
Implementation date / Expiry Date
03 June 2010 / 03 June 2010 / 02 June 2013
Issued on the authority of / NOMS Agency Management Board
For action by / Governors/Directors of Contracted Prisons, Briefing and Casework Unit. In this document, the term Governor also applies to Directors of Contracted Prisons
For information / All staff in NOMS HQ
Contact / Roy Donno, Safer Custody and Offender Policy Group

020 7217 8121
Associated documents / PSO 2000
Replaces the following documents which are hereby cancelled :-
None
Audit/monitoring :
Directors of Offender Management will monitor compliance in their region with the mandatory actions set out in this Instruction.
Introduces amendments to the following documents: paragraphs 1.4, 8.6, and 9.1 of PSO 2000. Copies held on the HMPS Intranet/EPIC will be amended; hard copies must be amended or cross referenced locally.

UNCLASSIFIED

Page 3

CONTENTS

Section / Subject / Applies to
1 / Executive Summary / All prison staff who may be involved in prisoner discipline matters, NOMS Briefing and Casework Unit
Annex A / Amended paragraph 1.4 of PSO 2000 / All prison staff who may be involved in prisoner discipline matters, NOMS Briefing and Casework Unit

1. Executive summary

Background

1.1  PSO 2000, paragraph 1.4 currently allows Governors to delegate adjudication powers and duties to any operational Manager F or above who has suitable operational experience and has received authorised training in adjudication procedures. Following the assignment of former Principal Officers as Developing Prison Service Managers (DPSMs) this now needs to be amended to confirm that trained and competent DPSMs are able to conduct adjudications. An amendment to paragraph 8.6 is also being made to remove the reference to a specific grade in connection with applications for restoration of additional days.

1.2 Following a recent judicial review it has been agreed that the requirement in paragraph 9.1 for adjudicators to forward a report to the Briefing and Casework Unit commenting on a prisoner’s request for a review of an adjudication should no longer apply. BCU will review the case only on the basis of the ADJ 1 form submitted by the prisoner, the record of hearing (form F256) and other evidence considered at the hearing.

Desired outcomes

1.2 All adjudications and related duties are conducted by staff who have received authorised training in adjudication procedures, and been confirmed by the Governor as fully competent to carry out those duties. Consideration of reviews will be based solely on the prisoner’s request form, the record of hearing, and evidence available during the hearing.

Application

1.3 All prison staff, and NOMS Briefing and Casework Unit.

Mandatory actions

1.4.1  Governors must ensure that the current paragraph 1.4 of PSO 2000 is replaced by the new paragraph in Annex A in all hard copies of the PSO. The Intranet and website versions will be amended by NOMS Communications. Governors must ensure that all adjudications are conducted by staff who have received authorised training and been certified by the Governor as competent to carry out these duties.

1.5 Governors must ensure that paragraph 8.6 of PSO 2000 is amended in all hard copies so as to omit the words “(operational grade F or above)”. Paragraph 9.1 must be amended so as to omit the words “and a report from the adjudicator commenting on the prisoner’s claims”, and the sentence “If the Adjudicator’s comments are not readily available then, given the urgency, the review will be carried (on) out on the paperwork that is to hand.”

Resource Impact

1.6 Former Principal Officers reassigned as DPSMs will need to undergo training and certification, but will then add to the number of staff available to conduct adjudications. Adjudicators will no longer be required to submit comments on review requests.

(signed)

Michael Spurr

Chief Operating Officer NOMS

Annex A

Amended paragraph 1.4 of PSO 2000 Prison Discipline Manual – Adjudications

Who may adjudicate and when

1.4 The Prison and YOI Rules authorise the Governor or, in a contracted establishment, the Director to conduct adjudications and to refer appropriate cases to be conducted by an adjudicator. Adjudicators (generally known within establishments as ‘Independent Adjudicators’ to distinguish them from Governors or Directors conducting adjudications, who are referred to in this manual as ‘adjudicators (PS)’) are District Judges or Deputy District Judges approved by the Lord Chancellor to inquire into disciplinary charges referred to them. The Governor may delegate adjudication powers and duties to any operational member of staff at managerial level who has suitable operational experience, has received authorised training in adjudication procedures, and been certified by the Governor as competent to conduct adjudications and related duties (including consideration of applications for restoration of additional days). This includes former Principal Officers reassigned as Developing Prison Service Managers (DPSMs), provided they have completed the relevant unit of the Management Development Portfolio (including passing the authorised adjudications training course), and been certified by the Governor as competent to conduct adjudications. Appropriately trained staff of the rank of Senior Officer or above may conduct minor report hearings in establishments that operate a minor reports system Staff who have not received authorised training must not undertake adjudications, including opening and adjourning hearings. The Director of a contracted prison may delegate the conduct of adjudications to a suitably trained and operationally experienced senior member of staff (in practice, someone senior enough to be left in charge of the establishment in the Director’s absence). Minor reports may be delegated to a trained and operationally experienced member of staff at middle management level. (Prior to amendments to Prison and YOI Rules made in November 2007 following the coming into force of the Offender Management Act 2007, adjudications in contracted establishments were only conducted by Controllers or their deputies. Controllers retain authority to conduct adjudications although it is not expected that they will do so routinely.)

PSI 32/2010 Issue Date 03/06/2010