{
  "url": "https://openlegislation.uk/service-custody-and-service-of-relevant-sentences-rules-2009/article-47",
  "json_url": "https://openlegislation.uk/service-custody-and-service-of-relevant-sentences-rules-2009/article-47.json",
  "legislation": "uksi/2009/1096",
  "legislation_title": "The Service Custody and Service of Relevant Sentences Rules 2009",
  "legislation_url": "https://openlegislation.uk/service-custody-and-service-of-relevant-sentences-rules-2009",
  "path": "article/47",
  "kind": "article",
  "number": "47",
  "heading": "Reference to an adjudicator",
  "text": "(1) Before hearing a charge against a detainee for a breach of discipline under rule 43 the commandant shall determine whether it is so serious that additional days may be awarded for the offence, if the charge is proved or whether a suspended charge is to be activated.\n(2) Where the commandant determines that it is not so serious, he shall proceed to hear the charge.\n(3) Where the commandant determines that the offence may merit the award of additional days, he shall—\n(a) refer the charge promptly to an adjudicator;\n(b) refer to the adjudicator any other charge which the commandant has power to hear and arises from the same incident; and\n(c) inform the detainee what action he has taken under sub-paragraphs (a) and (b).\n(4) If at any time during the hearing of a charge by the commandant it appears to him that additional days should be awarded for the offence if the charge is proved he shall act in accordance with paragraph (3).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 47 in force at 31.10.2009, see art. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1096/article/47",
    "retrieved_at": "2026-10-29T03:12:42.593997+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}