The Young Offender Institution Rules 2000

[F1Determination of mode of inquiryE+W

58A.—(1) Before inquiring into a charge the governor shall determine [F2—

(i)whether the charge is so serious that additional days should be awarded for the offence if the inmate is found guilty, or

(ii)whether it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator.]

(2) Where the governor determines:

(a)that it is so serious [F3or that it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator], he shall:

(i)refer the charge to the adjudicator forthwith for him to inquire into it;

(ii)refer any other charge arising out of the same incident to the adjudicator forthwith for him to inquire into it; and

(iii)inform the inmate who has been charged that he has done so;

(b)that it is not so serious [F4or that it is not necessary or expedient for some other reason for the charge to be inquired into by the adjudicator], he shall proceed to inquire into the charge.

(3) If:

(a)at any time during an inquiry into a charge by the governor [F5, including an inquiry by the governor under rule 58B(2)]; or

(b)following such an inquiry, after the governor has found the inmate guilty of an offence but before he has imposed a punishment for that offence,

it appears to the governor [F6either] that the charge is so serious that additional days should be awarded for the offence if (where sub-paragraph (a) applies) the inmate is found guilty [F7or that it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator], the governor shall act in accordance with paragraph (2)(a)(i) to (iii) and the adjudicator shall first inquire into any charge referred to him under this paragraph not later than, save in exceptional circumstances, 28 days after the charge was referred.]

Textual Amendments