# The Prisons and Young Offenders Institutions (Scotland) Rules 1994, Article 97: Inquiry into disciplinary charges


(1) Subject to paragraph (4), every charge of breach of discipline shall be inquired into by the Governor not later, save in exceptional circumstances, than the next day after it is brought or, where the next day is a Sunday or a public holiday, the day after that Sunday or public holiday.
(2) The Governor shall satisfy himself before commencing an inquiry into any charge that the prisoner concerned has had sufficient time to prepare his case.
(3) The Governor shall adjourn an inquiry, for such period of time as may be reasonably necessary, where he is satisfied that the prisoner requires further time to prepare his case or that there exist other reasonable grounds for an adjournment.
(4) Every prisoner against whom a charge is brought shall be given a full opportunity of–
(a) hearing what is alleged against him;
(b) presenting his own case and, subject to paragraph (5), calling witnesses on his own behalf; and
(c) cross-examining any other witnesses.
(5) The Governor may refuse to allow a prisoner to call any witness if, having discussed the matter with the prisoner, he is reasonably satisfied that the evidence which the witness is likely to give will be of no relevance or value in determining whether the charge is proven.
(6) A prisoner may, as he wishes, be seated or may stand during the inquiry.
(7) The Governor may, on the application of a prisoner, permit him to be represented at the inquiry by a person who is entitled to practise in any part of the United Kingdom as a solicitor, an advocate or a barrister where in exceptional circumstances he considers such representation is necessary or desirable.

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Source: https://www.legislation.gov.uk/uksi/1994/1931/article/97 (the official version)
Page: https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-rules-1994/article-97
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.