Governor Adjudications under the Tarrant Rules

Governor Adjudications under the Tarrant Rules

Our expert solicitors are experienced in advising and representing those facing Governor adjudications under the Tarrant Rules.

Prisoners attending Governor adjudications are not entitled to legal representation. Without legal representation, the prisoner may be subject to unconscious bias from the prison staff and the Governor or be unaware of points of law or procedure.

To counter this, a prisoner can make representations to the Governor under the Tarrant Rules to request legal representation at the adjudication. To do this, the prisoner must notify the Governor that they would like legal representation and request a 14 day adjournment.

This procedure is complex and rests on a certain set of circumstances outlined in the case of Tarrant. It is therefore important to contact an expert prison law solicitor to ask them to assist and prepare representations to the Governor. A solicitor will set out why the prisoner should be represented as the adjudication and what affect it would have if they were not represented.

If you have been provided a nicking you should contact us as soon as possible and ask about the Tarrant rules. We will be able to consider the matter and make representations in support of us representing you at the hearing.

Call us today on 01865 592670 to discuss your case or complete enquiry form on our contact page here. Alternatively please email prisonlaw@reeds.co.uk

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Our Prison Law Solicitors are some of the most experienced in the country. Many are also specialists in Criminal Defence law. We are instructed by people from across England and Wales and are known for our hard work, intelligence, and focus on protecting our clients’ best interests.

Regardless of what happened to result in you being held in custody, you have a series of fundamental human rights that must be observed. We are dedicated to ensuring our clients receive fair parole hearings and ‘nickings’ adjudications.

Although people aged between 18-25 are not sent to full adult prisons, they are often vulnerable. We provide expert advice and representation on all legal problems you may encounter in prison and explain things in plain English.

Our Prison Law Solicitors can help you with a full range of matters, including but not limited to sentence calculations, determinant and indeterminant recalls, independent adjudication, parole hearings, and more. Regardless of how complicated your case is, we can provide the expertise and experience you need.

We are regularly instructed to help people who have received incorrect Sentence Plans or sentence calculation issues. We understand it can be hard to challenge sentencing issues, especially if you are being denied Legal Aid because you have been told you have not exhausted all the complaint methods available within the prison system. You can be confident that we will swiftly spot any inaccuracies in your sentence calculation or Sentence Plan and robustly represent you to ensure matters are corrected.

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FAQ

If a prisoner does not apply for representation under the Tarrant rules, or if this representation is not granted, a solicitor can only provide very brief advice on what they should do at the Adjudication hearing. We would not have access to any paperwork and this would be a short advice telephone call.

If they applied and were granted the right to represent a person at the Governor Adjudication this would mean that we would have access to the paperwork, be able to see the client to take full instruction and provide detailed advice. We would also be able to check for any procedural errors in the process and make appropriate applications in this regard.

At the hearing our solicitors would be able to put the case and any representations needed, including dealing with the law and guidelines and ensure that the hearing is deal with fairly.

When it is believed that a prisoner has broken the rules of their prison they will usually be put on report, also known as being ‘nicked’.

The prison should hold a hearing in which they determine whether the prisoner is guilty or not. This hearing is known as an adjudication. The Governor has the power to impose multiple punishments and also has the power to decide that the matter should be either dealt with by the Judge or referred to the police to investigate.

In cases where an adjournment is granted, Tarrant representations need to be made. This system arose from the case ‘R – v Home Secretary ex parte Tarrant’. In this case, various factors need to be considered by a prison Governor to decide if legal representation at an adjudication is appropriate.

The Tarrant criteria determine that certain factors should be taken into account. These are:

    • The seriousness of the charge

    • The potential penalty

    • Whether points of law are likely to arise

    • The capacity of the prisoner to represent themselves/ their case

    • The likelihood of procedural difficulties

    • The necessity of speed

    • The necessity of fairness between the prisoner and the prisons staff.

The full list of prison offences are included in Prison Rule 51 and Young Offender Institution Rule 55. There are general prison rules that apply to all prisons in England and Wales, however each prison may also have its own specific rules.

Some prison offences include:

    • Behaviour that may offend, threaten or hurt yourself or others. This includes both other prisoners and prison staff

    • Preventing prison staff from performing their jobs e.g. barricading yourself in your cell

    • Escaping from prison or custody or absconding (i.e. not returning when released from prison for a short time)

    • The use, purchase or selling of drugs and alcohol. This includes being out of prison for a short time.

    • Sexual or indecent offences, including assault, harassment or exposure

    • Damage to prison or young offender property

    • Being in possession of or selling restricted items

    • Being in a restricted area

    • Not following the directions of prison staff

    • Breaking any rules whilst on ROTL

If a person is found guilty, the Governor may find it appropriate to hand out a punishment. The type of punishment a prisoner may receive depends on the severity of the offence.

The only punishment a governor can not give is extra days in prison. Only an independent adjudicator has the power to do this.

The governor can issue payback punishments. These are unpaid time-limited projects in the prison such as:

    • Teaching prisoners or children how to take responsibility for their actions and help with rehabilitation through helping others

    • Undertaking projects that benefit the prison community

    • Encourage a prisoner/child’s personal development and help to support positive behaviour from them.

Payback punishments can not be given by an independent adjudicator and must be at most 12 hours. The offender must be aged 14 or over and not be an unconvicted prisoner or immigration detainee because they won’t have the right to work.

Other punishments a governor may give are:

    • A caution

    • Privileges being taken away such as TV

    • Up to 84 days of money being earnt can be stopped (or 42 for young offenders)

    • Isolation in a cell for up to 35 days (or 16 days for young offenders over 18 years of age)

    • Prevention from doing work for up to 21 days

    • Removal from prison wing or living unit

Before the hearing, the prisoner must fill in the DIS1 and DIS2 forms. The governor will make sure that:

    • The prisoner is well enough to be at the hearing

    • The forms and time limits have been followed correctly

    • DIS1 and DIS2 forms are correct

    • The prisoner understands the purpose of the hearing and the potential consequences

    • The prisoner is prepared for the hearing

    • If there are any written statements

Once this has been confirmed, the charge will be read. The prisoner will then say whether they are guilty or not. The hearing will then be conducted with evidence, witnesses etc. and the Governor will make their decision.

Yes. If a prisoner believes their punishment was too harsh or the hearing was done improperly, it is possible to appeal the governor’s decision.

To do this, the prisoner must send off a DIS8 form to the governor within six weeks of the adjudication.

The Deputy Director of Custody (DDC) will review the case. If they determine that the case was handled improperly they may alter the verdict or change the punishment.