Should a prisoner find themselves placed on report for disciplinary matters the prison will undertake an adjudication to decide whether they are guilty or not of the allegations.
Each case initially must be placed in front of an adjudication Governor/Director within the prison who must decide on the severity of the case and whether it can be dealt with ‘in house’ or, if the allegations are serious enough, in front of an Independent Adjudicator.
Whilst a governor can only impose minimal punishments such as loss of earnings, privileges, or cell confinement, an Independent Adjudicator can add additional days to a sentence (up to a maximum of 42 days). It is therefore important that you obtain legal advice as your release date will be impacted if additional days are added.
Legal Aid funding is available for prisoners awaiting adjudication in front of an Independent Adjudicator and in some cases we can also assist if a case remains in front of the Governor, however this would only apply if they fall under the Tarrant Principles which is covered below:
What are the Tarrant Principles?
When a prisoner receives an adjudication the Tarrant rules will need to be considered. These take into account the seriousness of any charge against a prisoner. This includes the consideration of fairness and whether a prisoner is able to represent themselves adequately at a hearing.
Whilst legal representation relating to Governor adjudications is not funded under the Legal Aid Scheme, our competitive private rates allow us to submit written representations on a prisoner’s behalf if they still wish to have legal representation.
We have offices across the East Midlands and provide nationwide advice and representation. Find your nearest office here. Alternatively use the contact form below to get in contact with our prison law specialists.