Article 53 Disciplinary charges

(1)

Where a prisoner is to be charged with an offence against discipline, the charge shall be laid as soon as possible and, save in exceptional circumstances, within 48 hours of the discovery of the offence.

(2)

Every charge shall be inquired into by the governor F1or, as the case may be, the adjudicator.

F2(3)

Every charge shall be first inquired into not later, save in exceptional circumstances or in accordance with rule 55A(5) F3or 53B(3), than:

(a)

where it is inquired into by the governor, the next day, not being a Sunday or public holiday, after it is laid;

(b)

where it is referred to the adjudicator under rule 53A(2) F4or 60(3)(b), 28 days after it is so referred.

(4)

A prisoner who is to be charged with an offence against discipline may be kept apart from other prisoners pending the governor’s first inquiry F5or determination under rule 53A.

Annotations

Textual amendments

F1: Words in rule 53(2) added (15.8.2002) by The Prison (Amendment) Rules 2002 (S.I. 2002/2116), rule 1, Sch. para. 2(a)
F2: Rule 53(3) substituted (15.8.2002) by The Prison (Amendment) Rules 2002 (S.I. 2002/2116), rule 1, Sch. para. 2(b)
F3: Words in rule 53(3) inserted (temp.) (15.5.2020) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508), rule 1(1), Sch. 1 para. 9 (with rule 1(3))
F4: Words in rule 53(3)(b) inserted (26.9.2011) by The Prison and Young Offender Institution (Amendment) Rules 2011 (S.I. 2011/1663), rule 1, Sch. 1 para. 4
F5: Words in rule 53(4) added (15.8.2002) by The Prison (Amendment) Rules 2002 (S.I. 2002/2116), rule 1, Sch. para. 2(c)