# The Service Custody and Service of Relevant Sentences Rules 2009, Article 45: Procedure for dealing with breaches of discipline

Extent: E+W+S+N.I.

(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.

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Source: https://www.legislation.gov.uk/uksi/2009/1096/article/45 (the official version)
Page: https://openlegislation.uk/service-custody-and-service-of-relevant-sentences-rules-2009/article-45
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.