Independent Adjudications 

Independent Adjudications 

In a UK prison, Independent Adjudications may occur when someone within the prison system breaches the prison’s rules. Adjudications are sometimes referred to as ‘nickings’. Prisons are bound by National rules/legislation, but within each individual prison a governor may set local rules as well.

If a Prison Rule is broken, it may result in a charge for an offence and then punished. This process occurs through the adjudication system. Some of these adjudications may be conducted by an independent adjudicator who is a District Judge.

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

When to Contact an Independent Adjudications Solicitor

It is important to contact one of our Prison Law solicitors as quickly as possible when accused of breaking a Prison Rule. A Guilty outcome may negatively affect their current sentence, as well as opportunities for parole, re-categorisation or applications to the Home Detention Curfew scheme.

In specific circumstances the adjudicator may allow for a solicitor to be instructed during the hearing, but as this is rarely the case it is important that you contact us when the charge is made.

Working with one of our solicitors when facing an independent adjudication will mean that our team can ensure the accused is treated fairly and legal procedures are properly followed. This provides the best possible chance of a positive outcome.

Some prisons require instructions to be taken prior to the day of the hearing and so it is important that we are advised of the hearing date as soon as possible so that this can be arranged and we can take instructions and advise on possible plea and sentence if found Guilty.

Although it is possible to be subject to an independent adjudication without legal representation, our solicitors will ensure that all proper protocol is being followed so the accused has the best possible chance of a positive outcome.

As in standard hearings, our solicitors can cross-examine the reporting officer or any witnesses, take you through your evidence and submit closing submission and mitigation.

If the hearing is managed by a district judge, our expert team of Prison Law Solicitors are able to represent you. It is recommended to have representation in such hearings as the Judge has the power to impose additional custodial days on your sentence.

Our team will work hard to provide the best possible outcome at the hearing.

If the case is escalated to the police, the prisoner is entitled to legal representation. If this happens 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

Meet the team

How We Can Help

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

There are a standard set of Prison Rules that apply to all prisons in the UK. These include:

    • Behaviour that may offend, threaten, or hurt another person

    • Preventing prison staff from doing their jobs

    • Escaping from prison

    • Drugs and alcohol

    • Causing damage to the prison/young offenders’ institution

    • Possession of prohibited items e.g. knives, mobile phone etc.

    • Being in a restricted place

    • Disobeying prisons staff

    • Breaking any rules whilst Released on Temporary Licence (ROTL)

Breaking these rules may lead to independent adjudications, sometimes called a ‘nicking’. Independent adjudicators will pass judgement on the offence and if the prisoner is found guilty of breaking the rules they will serve a punishment.

During the hearing, the governor or district judge will consider the circumstances and consequences of the offence.

The punishments differ slightly depending on whether it happens in a prison or a young offenders’ institution. They also depend on the severity of the offence and in some cases, the prison may get the police involved.

In situations where more than one offence is committed, the prisoner can be punished for each offence individually. The prison have the ability to revoke certain privileges as the punishments.

Prisoners may:

    • Get a caution

    • Have privileges (such as TV) revoked for 42 days (or 21 days for young offenders)

    • Kept in the cell for up to 21 days, if physically/mentally well enough to do so

    • On top of the original sentence be given 42 more days in prison

After the allegation has been made, they will be put on report. The prison officer must inform the person of what offence may have been committed. They must share this information within 48 hours and serve a charge sheet or “nicking” form on them.

This results in two forms:

    • DIS 1 Form – (sometimes called a ‘nicking sheet’). This outlines the alleged offence (or charge)

    • DIS 2 Form – This provides information about the hearing. The accused is allowed to write a statement about their version of events. They may also provide information for any witnesses they want to attend the hearing. If the accused is still unsure, they may ask for a witness at the hearing itself.

Once a person is aware of the independent adjudication they are facing, it is advisable to contact a solicitor.

Unless there is a public holiday or it is a Sunday, hearings will usually take place initially before the Governor, the day after the report. If you feel it is needed, you may have your health checked to ensure they are fit to attend the hearing.

The prisoner will have time to decide what they want to say at the hearing and prepare accordingly.

These initial hearings before the Governor do now permit legal representation, unless you have severe mental health or learning disabilities and then a Mackenzie from can be applied for. Otherwise, the Governor will hear the matter first.

The Governor has the choice as to whether they make a decision on the hearing or whether they refer it to the Judge to deal with. If it is referred to the Judge you get in touch with us as soon as possible.

One of our independent adjudications solicitors can represent you at the hearing. A person is always allowed to have access to legal representation at independent adjudications.

The adjudicator should have no knowledge of the charge before the hearing, to prevent bias. This is known as a ‘de novo’ hearing.

Similarly to a hearing outside of a prison, the prisoner will enter a plea of guilty or not guilty. Our solicitors will help the prisoner to determine the best course of action and defend the client during the hearing.

If the prisoner is found guilty, our specialised solicitors can defend the prisoner. We will always treat each case with the individuality and care it requires and do our utmost to reduce the punishment.

When a hearing is conducted by an independent adjudicator, it is possible to appeal the hearing. This may be because the punishment felt too harsh for the offence, or the hearing was conducted in an improper manner.

It is important to note that while the punishment may be revised, if the accused is found guilty this outcome cannot be changed.

To appeal, ask for the form IA4. This form must be sent to the governor within 14 days of the adjudication. Once sent, a senior district judge will review the process and the outcome and decide whether the punishment can be altered.