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TITLE
PRISON DISCIPLINE MANUAL – AUTHORITY TO CONDUCT ADJUDICATIONS
This instruction applies to :
Reference :
Prisons
PSI 32/2010
Issue date
Effective Date
Expiry Date
Implementation date
03 June 2010
03 June 2010
02 June 2013
Issued on the authority of
NOMS Agency Management Board
For action by
Governors/Directors of Contracted Prisons, Briefing and
Casework Unit. In this document, the term Governor also
applies to Directors of Contracted Prisons
For information
All staff in NOMS HQ
Contact
Roy Donno, Safer Custody and Offender Policy Group
Roy.Donno2@noms.gsi.gov.uk
020 7217 8121
Associated documents
PSO 2000
Replaces the following documents which are hereby cancelled :None
Audit/monitoring :
Directors of Offender Management will monitor compliance in their region with the mandatory
actions set out in this Instruction.
Introduces amendments to the following documents: paragraphs 1.4, 8.6, and 9.1 of PSO 2000.
Copies held on the HMPS Intranet/EPIC will be amended; hard copies must be amended or cross
referenced locally.
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Page 1
CONTENTS
Section
1
Subject
Executive Summary
Annex A
Amended paragraph 1.4 of PSO 2000
1.
Applies to
All prison staff who may be
involved in prisoner discipline
matters, NOMS Briefing and
Casework Unit
All prison staff who may be
involved in prisoner discipline
matters, NOMS Briefing and
Casework Unit
Executive summary
Background
1.1
PSO 2000, paragraph 1.4 currently allows Governors to delegate adjudication powers and
duties to any operational Manager F or above who has suitable operational experience and
has received authorised training in adjudication procedures. Following the assignment of
former Principal Officers as Developing Prison Service Managers (DPSMs) this now needs
to be amended to confirm that trained and competent DPSMs are able to conduct
adjudications. An amendment to paragraph 8.6 is also being made to remove the
reference to a specific grade in connection with applications for restoration of additional
days.
1.2
Following a recent judicial review it has been agreed that the requirement in paragraph 9.1
for adjudicators to forward a report to the Briefing and Casework Unit commenting on a
prisoner’s request for a review of an adjudication should no longer apply. BCU will review
the case only on the basis of the ADJ 1 form submitted by the prisoner, the record of
hearing (form F256) and other evidence considered at the hearing.
Desired outcomes
1.2
All adjudications and related duties are conducted by staff who have received authorised
training in adjudication procedures, and been confirmed by the Governor as fully competent
to carry out those duties. Consideration of reviews will be based solely on the prisoner’s
request form, the record of hearing, and evidence available during the hearing.
Application
1.3
All prison staff, and NOMS Briefing and Casework Unit.
Mandatory actions
1.4.1
Governors must ensure that the current paragraph 1.4 of PSO 2000 is replaced by the new
paragraph in Annex A in all hard copies of the PSO. The Intranet and website versions will
be amended by NOMS Communications. Governors must ensure that all adjudications are
conducted by staff who have received authorised training and been certified by the
Governor as competent to carry out these duties.
1.5
Governors must ensure that paragraph 8.6 of PSO 2000 is amended in all hard copies so
as to omit the words “(operational grade F or above)”. Paragraph 9.1 must be amended so
as to omit the words “and a report from the adjudicator commenting on the prisoner’s
PSI 32/2010
Issue Date 03/06/2010
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Page 2
claims”, and the sentence “If the Adjudicator’s comments are not readily available then,
given the urgency, the review will be carried (on) out on the paperwork that is to hand.”
Resource Impact
1.6
Former Principal Officers reassigned as DPSMs will need to undergo training and
certification, but will then add to the number of staff available to conduct adjudications.
Adjudicators will no longer be required to submit comments on review requests.
(signed)
Michael Spurr
Chief Operating Officer NOMS
PSI 32/2010
Issue Date 03/06/2010
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Page 3
Annex A
Amended paragraph 1.4 of PSO 2000 Prison Discipline Manual – Adjudications
Who may adjudicate and when
1.4
The Prison and YOI Rules authorise the Governor or, in a contracted establishment, the
Director to conduct adjudications and to refer appropriate cases to be conducted by an
adjudicator.
Adjudicators (generally known within establishments as ‘Independent
Adjudicators’ to distinguish them from Governors or Directors conducting adjudications,
who are referred to in this manual as ‘adjudicators (PS)’) are District Judges or Deputy
District Judges approved by the Lord Chancellor to inquire into disciplinary charges referred
to them. The Governor may delegate adjudication powers and duties to any operational
member of staff at managerial level who has suitable operational experience, has received
authorised training in adjudication procedures, and been certified by the Governor as
competent to conduct adjudications and related duties (including consideration of
applications for restoration of additional days). This includes former Principal Officers
reassigned as Developing Prison Service Managers (DPSMs), provided they have
completed the relevant unit of the Management Development Portfolio (including passing
the authorised adjudications training course), and been certified by the Governor as
competent to conduct adjudications. Appropriately trained staff of the rank of Senior Officer
or above may conduct minor report hearings in establishments that operate a minor reports
system Staff who have not received authorised training must not undertake adjudications,
including opening and adjourning hearings. The Director of a contracted prison may
delegate the conduct of adjudications to a suitably trained and operationally experienced
senior member of staff (in practice, someone senior enough to be left in charge of the
establishment in the Director’s absence). Minor reports may be delegated to a trained and
operationally experienced member of staff at middle management level. (Prior to
amendments to Prison and YOI Rules made in November 2007 following the coming into
force of the Offender Management Act 2007, adjudications in contracted establishments
were only conducted by Controllers or their deputies. Controllers retain authority to conduct
adjudications although it is not expected that they will do so routinely.)
PSI 32/2010
Issue Date 03/06/2010