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Article 45 Procedure for dealing with breaches of disciplineI1

United Kingdom

(1)

Where a detainee is to be charged with a breach of discipline under rule 43, the charge shall be brought and heard promptly.

(2)

Every charge shall be heard by either the commandant, a company commander with delegated powers or an adjudicator.

(3)

Save in exceptional circumstances, every charge shall be heard not later than—

(a)

subject to sub-paragraph (b), where it is heard by the commandant or the detainee’s company commander with delegated powers, the next day, not being a Sunday or public holiday, after the charge is brought;

(b)

where under rule 46 it is referred to the commandant by a company commander with delegated powers, the next day after it is so referred, not being a Sunday or a public holiday;

(c)

where under rule 47 it is referred to an adjudicator, not later than four days after it is so referred.

(4)

A detainee who is to be charged with a breach of discipline under rule 43 may be kept apart from other detainees pending the hearing of the charge.

Annotations

Commencement

I1

Art. 45 in force at 31.10.2009, see art. 1(1)