# The Prisons and Young Offenders Institutions (Scotland) Rules 1994, Article 98: Adjudication of charges


(1) Subject to paragraph (2), the Governor shall be entitled to take into account any evidence, in whatever form, at the inquiry into any charge of breach of discipline.
(2) The Governor may only take into account the evidence of any person who has not given oral evidence at the inquiry if the prisoner concerned agrees.
(3) At the conclusion of an inquiry into any such charge, the Governor shall consider whether the charge has been proven beyond any reasonable doubt.
(4) If the Governor finds a prisoner guilty of a breach of discipline, he shall afford the prisoner an opportunity to make a plea in mitigation before considering whether to impose a punishment in terms of rule 100.

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Source: https://www.legislation.gov.uk/uksi/1994/1931/article/98 (the official version)
Page: https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-rules-1994/article-98
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.