The Prison and Young Offender Institution (Amendment) Rules 2011

This section has no associated Explanatory Memorandum

5.  In rule 53A (determination of mode of inquiry)(1)—

(a)in paragraph (1), for “whether it is so serious” to the end substitute—

(i)whether the charge is so serious that additional days should be awarded for the offence if the prisoner 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.;

(b)in paragraph (2)—

(i)in sub-paragraph (a), after “that it is so serious” insert “or that it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator”,

(ii)in sub-paragraph (b), after “that it is not so serious” insert “or that it is not necessary or expedient for some other reason for the charge to be inquired into by the adjudicator”;

(c)in paragraph (3)—

(i)after “it appears to the governor” insert “either”,

(ii)after “the prisoner is found guilty” insert “or that it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator”.

(1)

Rule 53A was inserted by S.I. 2002/2116.