Adjudications (PDF)
There are approximately 100,000 disciplinary hearings held in prison each year. These hearings - referred to as adjudications - are carried out by either prison governors or independent adjudicators, both known as adjudicators throughout PSO 2000 (this PSO replaced the Prison Discipline Manual in January 06). Unlike prison governors, independent adjudicators have the power to award up to 42 additional days imprisonment for each finding of guilt.
According to PSO 2000 an adjudication has two stated purposes:
(a) to help maintain order, control, discipline and a safe environment by investigating offences and punishing those responsible;
(b) to ensure that the use of authority in the establishment is lawful, reasonable and fair.
When a charge is brought against a prisoner, the adjudicator must follow the guidance in italics in PSO 2000 on the conduct of adjudications. They must act fairly and justly. If they depart from the guidance and compromise fairness, their decisions risk being overturned if the adjudication is reviewed.
Most prisoners are bewildered when they appear before an adjudicator. It can at times be a frightening and frustrating process. We aim in this information sheet to assist prisoners facing adjudications to achieve justice and fairness. Unfortunately we cannot list every detail of every prison rule governing the adjudication procedure, but we strongly advise you to carefully read PSO 2000 on the conduct of adjudications. If you are in any doubt about any part of your adjudication, you should request an adjournment to seek legal advice.
The F1127A (notice of report, or 'nicking sheet')
When a prisoner is placed on report, s/he should be served with a form F1127 ('nicking sheet'). This must be issued within 48 hours of the alleged offence being discovered and at least two hours before the start of the adjudication. The 48-hour rule must be strictly adhered to and applies at all times, including weekends and public holidays.
Before the adjudication you should ask to be provided with copies of all paperwork relating to the charge against you. If you are refused copies you should inform the adjudicator immediately and quote paragraph 2.20 of PSO 2000: 'If the accused or his legal representative asks before the hearing for a copy of all statements to be submitted in evidence so as to prepare a defence or mitigation these must be supplied at public expense.'
The F256 (Record of Hearing)
The F256 is a form on which the adjudicator keeps a record of the hearing of the adjudication.
The adjudicator will begin the adjudication by asking a series of questions:
1. Have you received the F1127A?
2. Have you received the F1127C (a sheet explaining how the hearing will proceed)?
3. Do you understand what is happening?
The charge is then read out:
4. Do you understand the charge?
5. Have you made a written reply?
6. Have you had enough time to think about what you want to tell me?
7. Will you be calling any witnesses?
8. Do you want any help at this hearing?
9. How do you plead - guilty or not guilty? (If you refuse to plead, a plea of not guilty is entered.)
Questions 1 and 2 are standard procedure. If your answer to questions 3 or 4 is ‘no’ the adjudicator should explain. If your reply to 5 is ‘yes’, then your written reply will be read out, either by yourself or by the adjudicator.
Question 6 is very important as you may be able to request an adjournment either to seek legal advice or to search for witnesses.
Legal representation
On question 8 if your answer is yes, it is the adjudicator's duty to explain the possibilities of assistance in the forms of legal representation, legal assistance or a McKenzie friend (the latter can be a member of the chaplaincy, probation, teacher or a fellow prisoner). It is at the governor's discretion whether to allow you some form of assistance. You should note however, that you are entitled to legal representation in cases before an independent adjudicator.
Where a prisoner requests assistance, the adjudicator must consider the request by completing section 11 on form F256 and, additionally, form F256E if the application is being refused. The latter form must be placed with the adjudication papers on completion of the hearing. The form F256E must include sufficient detail to show that the adjudicator has properly considered the request(s).
There are set guidelines on the right to legal advice and representation at adjudications before governors, which are referred to as the 'Tarrant Criteria'. When considering a request for further assistance, the governor must consider the following factors:
(1) the seriousness of the charge and the potential penalty;
(2) whether any points of law are likely to arise;
(3) the capacity of the prisoner to present his/her own case;
(4) whether or not there are likely to be any procedural difficulties;
(5) the need for reasonable speed in hearing the charge;
(6) the need for fairness;
(7) anything else the prisoner raises.
Can I appeal?
You can appeal against a finding of guilt if a Governor carried out the adjudication by submitting a Form Comp 1. The Governor or Director must forward this to the Briefing and Casework Unit or Directorate of High Security Prisons Support Unit, as appropriate, for resolution by the Area Manager. You are entitled to obtain a copy of the written record of the hearing free of charge before making an appeal (PSO 2000, para 9.5). You can also seek legal advice and assistance from a solicitor with the appeal process.
However, you should note that you cannot appeal against a finding of guilt if your adjudication was heard by an independent adjudicator. You will only be able to ask the Senior District Judge that the punishment awarded be reviewed, within 14 days from the conclusion of the adjudication.
The application for a review must be made in writing within 14 days to the Governor, setting out detailed reasons. There are no standard forms – you should use a blank sheet of paper. The prison should assist you by providing writing materials and access to PSO 2000. You must also be allowed to seek legal assistance. If you decide to instruct a solicitor, the application must be received by the Governor within the 14-day limit.
On receipt of the application, the Governor must date stamp it and send it to the Secretariat at The Chief Magistrates’ Office, City of Westminister Magistrates’ Court, 70 Horseferry Road, London SW1P 2AX with the F1127, the Record of Hearing F256 and any wing reports from the adjudication.
All applications must be forwarded. The Senior District Judge or his deputy will decide whether, exceptionally, to accept any application made out of time. The Senior District Judge or a nominated deputy will review the punishment within 14 days of receipt. The review will be conducted on the papers alone.
The reviewer may:
a) Uphold the punishment;
b) Reduce the number of additional days;
c) Substitute a less severe punishment;
d) Quash the punishment entirely.
The Senior District Judge will send a letter to the prisoner informing him of the outcome, with a copy for the Governor.
If headquarters or the Senior District Judge uphold the punishment awarded at the adjudication, then you can make a complaint to the Prisons Ombudsman within one month of their reply. In some cases, there may be grounds to apply for judicial review if some aspect of the testing procedure or adjudication was unlawful. You should always seek legal advice if you think this may apply.
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