PRISONER DISCIPLINE PROCEDURES (ADJUDICATIONS)

1 PRISONER DISCIPLINE PROCEDURES (ADJUDICATIONS) This instruction applies to: - Reference: - Prisons PSI 05/2018 Issue Date Effective Date Implementation Date 21/12/2018 01/02/2019 Issued on the authority of HMPPS Agency Board For action by (Who is this Instruction for) All staff responsible for the development and publication of policy and instructions (Double click in box, as appropriate) HMPPS HQ Public Sector Prisons Contracted Prisons* National Probation Service (NPS) Community Rehabilitation Companies (CRCs) HMPPS Immigration Removal Centres (IRCs) Other Providers of Probation and Community Services Governors Heads of Groups * If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons Instruction type Service Specification for PRISONER DISCIPLINE and Segregation Legal compliance For information All staff in prisons who have contact with prisoners.

2 Staff in HMPPS headquarters who deal with adjudication appeals Provide a summary of the policy aim and the reason for its development / revision This instruction replaces and consolidates PSI 47/2011 PRISONER DISCIPLINE PROCEDURES and PSI 31/2013 Recovery of Monies for Damage to Prisons and Prison Property. It provides essential policy updates to support front line staff in undertaking effective adjudications. This is an interim PSI ahead of a forthcoming Policy Framework following a wider review of the current system of disciplining prisoners to support Prison Reform. The adjudication paperwork and training for adjudicators and staff will also be refreshed and updated.

3 Contact Deregulation and Operational Policy Team, Justice Analysis and Offender Policy Group, Ministry of Justice Associated documents PSO 1700 Segregation and Reviewing and Authorising: Continuing Segregation and Temporary Confinement in Special Accommodation (2015) PSO 3601 Mandatory Drug Testing PSO 4600 Unconvicted, Unsentenced and Civil Prisoners PSO 4800 Women Prisoners PSI 31/2009 Compact Based Drug Testing PAGE 2 PSI 05/2018 ISSUED 21/12/2018 PSI 12/2011 PRISONER Property PSI 30/2011 Instructions on Handling Mobile Phones and SIM Card Seizures PSI 32/2011 Ensuring Equality PSI 64/2011 Safer Custody PSI 75/2011 Residential Services PSI 52/2011 Immigration.

4 Repatriation and Removal Services PSI 01/2012 Managing PRISONER Finance PSI 08/2012 Care & Management of Young People PSI 30/2013 Incentive and Earned Privileges PSI 31/2013 Recovery of Monies for Damage to Prisons & Prison Property PSI 37 2013 HMPPS Finance Manual PSI 23/2014 Prison-NOMIS PSI 03/2015 Sentence Calculation of Determinate Sentenced Prisoners PSI 07/2015 Early Days in Custody PSI 13/2015 Release on Temporary Licence PSI 16/2015 Adult Safeguarding in Prisons PSI 20/2015 Cell Sharing Risk Assessment PSI 21/2015 Unauthorised Possession within Prison of Knives and Offensive Weapons PSI 27/2015 Open Source Research PSI 05/2016 Faith and Pastoral Care for Prisoners PSI 08/2016 Dealing with Evidence PSI 04/2017 Body Worn Video Camera PSI 04/2018 Records, Information Management and Retention Policy Archiving, Retention and Disposal HMPPS/Police/Crown Prosecution Service - Appropriate Handling of Crimes in Prison Protocol Replaces the following documents which are hereby cancelled: PSI 47/2011 Prison DISCIPLINE PROCEDURES (except in respect of adjudications begun prior to the effective date of this PSI).

5 PSI 31/2013 - Recovery of Monies for Damage to Prisons and Prison Property Audit/monitoring: Governors are required to regularly review the conduct of adjudications within their establishments to ensure that the required outcomes are being achieved. Governors are also required to hold regular meetings with staff who conduct adjudications, to review local statistics on rates and trends in offending, levels of punishment, referrals to the Police and Independent Adjudicators, remission (restoration) of additional days, quashed and mitigated cases, and any protected characteristics under the Equality Act 2010 of charged and punished prisoners.

6 In addition, HMPPS will have a corporate audit programme that will audit against the requirements to an extent and at a frequency determined from time to time through the appropriate governance. Introduces amendments to the following documents: Copies held on the HMPPS Intranet/EQUIP will be amended; hard copies must be amended or cross referenced locally. Notes: All mandatory actions throughout this instruction are in italics and must be strictly adhered to. PAGE 3 PSI 05/2018 ISSUED 21/12/2018 CONTENTS Section Subject Applies to PSI 1 Executive Summary All staff 2 Operational Instructions Key Outcome and Service Elements Placing the PRISONER on report Initial Documentation (Once PRISONER is placed on report) Prison Manager adjudication Administration, Schedule and Conduct Hearing Independent adjudication Administration, Schedule and Conduct Hearing Post hearing administration Remission (restoration) of additional days Minor reports (young offenders)

7 Recovery of Monies for Damage to Prisons and Prison Property All staff who conduct adjudications All staff pre- adjudication All staff post- adjudication Finance Staff 3 Policy and Strategic Context The Prison Rules 1999 and the Young Offender Institution Rules 2000 Adjudications (definition) authority to adjudicate (training, role of adjudicator, legal representation) authority to recover monies for damage to prisons and prison property All staff who conduct adjudications All staff pre- adjudication Annexes Annex A Supporting Information on adjudication PROCEDURES All staff Annex B Individual charges, offences and punishments All staff PAGE 4 PSI 05/2018 ISSUED 21/12/2018 Annex C Procedure for the recovery of monies for damage to prisons and prison property All staff Annex D Flow Chart - Basic adjudication Procedure All staff Annex E Significant adjudication case law (European Court judgements and judicial reviews)

8 All staff who conduct adjudications Annex F Table of forms All staff Annex G Table of amendments All staff PAGE 5 PSI 05/2018 ISSUED 21/12/2018 1. EXECUTIVE SUMMARY The publication of PSI 05/2018 and the accompanying annexes, consolidates all instructions on PRISONER DISCIPLINE PROCEDURES issued through senior leader bulletins since 2011 It is also an opportunity to reflect updates to other policies that relate to adjudications, as well as relevant case law. It also brings together the policy on recovering money for damages to prisons and prison property and adjudications into one document.

9 This PSI is the first stage of a phased approach to reviewing adjudications in prison, which will include improved forms, updated training and a new evidence based policy framework that incorporates crimes in prison and adjudications. The instructions and guidance in this PSI have been amended to provide greater clarity on the adjudications process. The supporting flow chart has been simplified to assist staff in navigating the adjudication process and referrals to the police and independent adjudicators (IAs) in Annex D. A number of key changes have also been introduced to speed up the process, including the removal of mandatory consultation with the adjudication Liaison Officer (ALO), changes to the guidance on adjournments timescales and the principles of natural justice.

10 New or amended guidance has been listed in a table of amendments in Annex G for ease of reference. Background This instruction provides guidance to prison staff on adjudication PROCEDURES , including Minor Reports, and handling the recovery of monies from prisoners to pay for any damage they cause to prisons or prison property. Where a PRISONER has been charged and/or an adjudication hearing has begun before the effective date of this PSI it must be completed according to the PROCEDURES set out in PSI 47/2011. Adjudications begun on or after the effective date must be completed in compliance with this PSI.