Prison Adjudications

A prison adjudication, often known as a "nick" or a "governor's report," is an internal disciplinary hearing that every prisoner can face. While it takes place within the prison walls, its consequences can be severe, impacting your privileges, your living conditions, and even extending your time in custody. Facing an adjudication can be an intimidating process where it feels like the system is stacked against you. Challenging the charge effectively requires expert legal advice to ensure your side of the story is heard and your rights are protected.

At Central Chambers Law, our senior legal consultants are specialists in prison law. We understand that adjudication charges can be based on misunderstandings, unfair allegations, or flawed evidence. Our function is to provide a robust, strategic defence to protect you from unjust punishment. We are not general criminal lawyers; our focused expertise in prison law gives us a deep understanding of the rules and procedures, allowing us to effectively challenge the charges against you.

Understanding the Offence: What is a Prison Adjudication?

A prison adjudication is a formal process used to deal with alleged breaches of prison rules. The legal basis for these hearings is found in the Prison Rules 1999. When a prison officer believes a prisoner has broken a rule, they can place them "on report." This leads to a hearing, usually before a prison Governor or an Independent Adjudicator.

The purpose is to maintain discipline and order within the prison. However, the punishments can have a significant impact on a prisoner's sentence.

Examples of disciplinary offences include:

• Disobeying a lawful order.
• Assaulting another person.
• Possessing an unauthorised article (e.g., a mobile phone or drugs).
• Damaging prison property.
• Failing a mandatory drug test.

The Adjudication Process and Potential Punishments

The process is meant to be swift. You will be given a charge sheet outlining the offence you are accused of. A hearing will then take place, often within a few days. You have the right to know the details of the charge and to state your case, but the procedure is very different from a criminal court.

If you are found guilty, the adjudicator can impose a range of punishments, including:

• Added Days: This is the most serious punishment. For very serious offences heard by an Independent Adjudicator, up to 42 additional days can be added to your sentence.
• Loss of Privileges: This can include loss of association time, removal of in-cell television, or a reduction in access to the prison shop (canteen).
• Cellular Confinement: Being confined to your cell for a period of days.
• Loss of Earnings: A stoppage of your prison wages.

These punishments can make your time in prison significantly harder and delay your release date.

How the Prison Builds Its Case

The evidence in an adjudication is often based on the report of a single prison officer. The standard of proof is high—the adjudicator must be satisfied "beyond reasonable doubt" that you committed the offence. However, in the closed environment of a prison, challenging an officer's word can be difficult.

Common evidence includes:

• The reporting officer's written statement.
• Statements from other witnesses (staff or prisoners).
• CCTV footage, if available.
• Physical evidence, such as a found item or results from a drug test.

Why Central Chambers Law Provides the Definitive Defence

When facing an adjudication, especially one that carries the risk of added days, expert legal representation is crucial. A general lawyer may not understand the specific nuances of the Prison Rules or the best tactics for challenging a charge within this unique system.

Clients trust Central Chambers Law because we are experts in prison law advocacy. Our reputation is built on our ability to meticulously analyse the evidence and fight for a fair hearing. Our strategic approach involves:

• Challenging the Evidence: We scrutinise the reporting officer’s statement for inconsistencies and weaknesses. We ensure all relevant evidence, such as CCTV that might support your case, is requested and reviewed.
• Procedural Expertise: We are masters of the Prison Rules. We ensure every step of the process has been followed correctly. A procedural error, such as an unfair delay or failure to disclose evidence, can lead to the entire case being dismissed.
• Presenting a Powerful Defence: We help you articulate your side of the story clearly and effectively. We can call witnesses on your behalf and cross-examine the prison's witnesses to test the strength of their evidence.
• Expert Representation at the Hearing: For serious charges that could result in added days, you may have the right to legal representation. Our specialist advocates are skilled at presenting legal arguments and challenging the case directly before the adjudicator.

Our focused expertise means we are equipped to give you the best possible chance of being found not guilty, protecting you from additional punishment and a delayed release.

Protect Your Liberty with an Expert Defence

A prison adjudication is not a minor issue. It is a formal hearing that can directly impact your liberty. Facing a charge alone can be overwhelming, but a guilty finding can be challenged with the right legal support. A proactive, expert defence is essential.

Do not face the adjudicator alone. Contact our expert prison law solicitors immediately for a confidential consultation and take the first critical step in building your defence.

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