Explanatory note

These Rules amend the Prison Rules 1999 (S.I. 1999/728) (“the 1999 Rules”) and the Young Offender Institution Rules 2000 (S.I. 2000/3371) (“the 2000 Rules”).

The amendments provide that, when a charge has been referred to an adjudicator, the adjudicator may determine that it is not suitable for an adjudicator to inquire into, and the governor may review or inquire into that charge. The prisoner or inmate will be kept informed of how the charge is being managed.

Where the charge is sent back to the governor to be inquired into, the charge is to be treated as a charge inquired into by a governor and cannot be subject to adjudicator’s punishments in rule 55A (the 1999 Rules) or rule 60A (the 2000 Rules), nor may it be referred back to the adjudicator at any point.

The adjudicator may identify that the offence may attract a criminal penalty or punishment beyond those available to the adjudicator and in those circumstances will refer the charge to the governor for review. Following such a review and any associated investigation, the charge may be returned by the governor to the adjudicator if necessary and may not be referred back to the governor again for any reason.

Offences which are suitable for an inquiry by the adjudicator automatically attract the right to legal representation for the prisoner or inmate. This right will be revoked if the charge is referred back to the governor to inquire into.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.