OpenLegislation

Article 60B Review of adjudicator’s punishmentF1

(1)

A reviewer means F2the Senior District Judge (Chief Magistrate) or any deputy of such a judge as nominated by that judge.

(2)

F3Where an adjudicator imposes a punishment under rule 60A(1) or rule 65(1A), a compensation requirement under rule 60AB(2), or both an inmate may, within 14 days of receipt of the punishment F4or the imposition of the compensation requirement, whichever is later, request in writing that a reviewer conducts a review.

(3)

The review must be commenced within 14 days of receipt of the request and must be conducted on the papers alone.

(F54)

The review may be of the punishment, the compensation requirement or both (whether or not the inmate requested a review of both) but must not be a review of the finding of guilt.

(5)

On completion of the review, if it appears to the reviewer that the F6imposition of the punishment, the compensation requirement or both was manifestly unreasonable, he may F7do such of the following as he considers appropriate—

(a)

reduce the number of any additional days awarded;

(b)

for whatever punishment has been imposed by the adjudicator, substitute another punishment which is, in his opinion, less severe; F8...

(c)

quash the punishment entirely;

(F9d)

reduce the amount of the compensation requirement.

(6)

An inmate requesting a review shall serve any additional days awarded under rule 60A(1)(b) or 65(1A)(b) unless and until they are reduced.

Annotations

Textual amendments

F1

Rule 60B inserted (18.4.2005) by The Young Offender Institution (Amendment) Rules 2005 (S.I. 2005/897), rule 1(1), Sch. para. 6

F2

Words in rule 60B(1) substituted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006 (S.I. 2006/680), art. 1, Sch. 1 para. 60

F3

Words in rule 60B(2) substituted (1.11.2013) by The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 2 para. 2(1)(a) (with art. 4)

F4

Words in rule 60B(2) inserted (1.11.2013) by The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 2 para. 2(1)(b) (with art. 4)

F5

Rule 60B(4) substituted (1.11.2013) by The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 2 para. 2(2) (with art. 4)

F6

Words in rule 60B(5) substituted (1.11.2013) by The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 2 para. 2(3)(a) (with art. 4)

F7

Words in rule 60B(5) inserted (1.11.2013) by The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 2 para. 2(3)(b) (with art. 4)

F8

Word in rule 60B(5)(b) omitted (1.11.2013) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 2 para. 2(3)(c) (with art. 4)

F9

Rule 60B(5)(d) inserted (1.11.2013) by The Prison and Young Offender Institution (Amendment) Rules 2013 (S.I. 2013/2462), rule 1, Sch. 2 para. 2(3)(d) (with art. 4)