Prison Law Videos

Date when Video was Published: 03/10/2023

Adjudications are commonly referred to as a ‘nicking’. They are where an internal prison rule is alleged to have been broken. They are always heard in front of the prison Governor in the first instance. The Governor will then decide, based upon the severity of the breach if the ‘nicking’ needs to be heard by a District Judge, whom is independent of the prison. This is called an external adjudication. The District Judge, also known as an Independent Adjudicator or IA, has the power to impose additional days to an inmate’s prison sentence. Adjudications are date sensitive matters. If the Governor hasn’t opened the matter within a set period, or the matter hasn’t been passed to the IA within the correct time period, then the Adjudication has to be dismissed, regardless of the charge. There is, however, an exception to this, and that is when the Police have been involved. The hearing itself is similar to that of a Magistrates’ Court hearing. The accused will be asked to enter a plea as to the charge. If a guilty plea is entered, then representations are invited. This is called mitigation, and will attempt to explain why the offence occurred, and why a specific punishment should be given in preference to a more harsh one. If a not guilty plea is entered, then the matter proceeds to a mini trial, where the Reporting Officer will be asked to give evidence. The accused will then be offered the chance to offer their evidence in their defence. In terms of punishment, the Governor can hand out a range of sentences, including loss of earnings or privileges, and confinement to a cell. The IA is the only one that can impose additional days. Regrettably, a prisoner isn’t entitled to legal representation at a Governor only Adjudication. They are, however, entitled to representation in front of the IA and for it to be funded by legal aid. At Duncan Lewis Solicitors, we pride ourselves on achieving the best possible outcome for our clients. Our record of success, and mitigating for the lowest possible punishment in terms of a guilty plea, is incredibly impressive. We also go the extra mile for our clients. Please visit our website or call us directly on 033 3772 0409

Disclaimer

This video content was created on 03/10/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.