MC.04 Appeal

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The purpose of this section is to ensure the procedures relating to the appeal meet the required legislation and related standards, and any penalties imposed are managed accordingly.

Appeal criteria

  1. A prisoner has 14 days after the date of the decision to appeal the decision of a hearing adjudicator.

MC.04.01 Appeal

  1. If the prisoner appeals the decision of a hearing adjudicator they must complete [MC.04.Form.01 Prisoners Appeal]. There is no right of appeal against the decision of the adjudicator to conduct the hearing in the prisoner’s absence.
  2. If the hearing adjudicator makes an order under [section 133(4A) of the Corrections Act 2004], the prisoner may at the conclusion of that hearing, appeal the hearing adjudicator’s finding of guilt. The time-period specified in the order for any subsequent offence continues to run when the prisoner has made an appeal, but the prisoner may not be called to appear for imposition of any penalty for the first offence unless the [section 133(4A) of the Corrections Act 2004] finding of guilt is upheld on appeal.
  3. If the prisoner who is subject to a [section 133(4A) of the Corrections Act 2004] order is called to appear for a subsequent offence against discipline, and a penalty is imposed for that first offence and/or the new offence, the prisoner may appeal the penalty imposed for the first offence and the penalty (if any) imposed for the subsequent offence. A prisoner cannot specifically appeal a [section 133(4A) of the Corrections Act 2004] order.
  4. On receipt of the [MC.04.Form.01 Prisoners appeal], any penalty imposed by the hearing adjudicator is suspended until the appeal is disposed of.
  5. If in the opinion of the general manager custodial, the offending prisoner constitutes a risk to the security of the prison, the prisoner is placed on segregation until such time as the appeal is heard.
  6. If the appeal relates to a refusal to allow the prisoner to have legal representation, the Visiting Justice must consider the appeal and confirm the hearing adjudicator's decision or reverse it. If the Visiting Justice allows the appeal, he or she must then hear the whole case.
  7. Where the finding is confirmed, the Visiting Justice either confirms the penalty imposed, or substitutes another penalty that the hearing adjudicator could have imposed ([section 136(4) Corrections Act 2004]).
  8. The Visiting Justice documents the decision on the [MC.02.Form.02 Record of Hearing (RoH)] in IOMS, stating the finding(s), the reasons for the finding(s), the penalties imposed and the reasons for the penalties. The penalties imposed must be recorded in IOMS.
  9. The original copy of the signed [MC.02.Form.02 Record of Hearing (RoH)] is placed on the prisoner's file, a copy is given to the prisoner, and a copy is uploaded into IOMS. The results and decisions of the Visiting Justice are noted in the prison's punishment book. These results and decisions must be recorded in IOMS.
  10. There is no statutory right of appeal against the decision of a Visiting Justice. The decision can be the subject of judicial review proceedings in the High Court. Any prisoner who enquires about this should be referred to his or her lawyer. The enforcement of any penalty imposed by a Visiting Justice is not suspended pending a judicial review (unless the High Court directs suspension).

MC.04.02 Withdrawal of appeal

  1. Prior to the matter being heard before the Visiting Justice, under [section 136 of the Corrections Act 2004], the prisoner may withdraw his or her appeal at any time.
  2. To withdraw an appeal, the prisoner must be provided with on request a [MC.04.Form.02 Notice of request to withdraw appeal]. This must be completed in front of a member of staff and witnessed by that member of staff. The completed form must then be scanned and emailed to the site prosecutor.
  3. When this notice is received, (or on receiving notice that the Visiting Justice has consented to the appeal being withdrawn) the appeal is deemed to be withdrawn:
    1. the prisoner is not required to appear before the Visiting Justice
    2. the prisoner cannot request a further appeal on the same ground for the same misconduct (i.e. conviction or penalty)
    3. withdrawal of the appeal will be recorded on the [MC.02.Form.02 Record of Hearing (RoH)] in IOMS and signed off by the Visiting Justice.
    4. the punishment book is to be endorsed "Appeal withdrawn by (full name of prisoner) on (dated and signed)"
    5. the prisoner will be given a completed copy of the [MC.02.Form.02 Record of Hearing (RoH)].
  4. The original penalty imposed by the hearing adjudicator remains and commences from the date the prisoner signed the [MC.04.Form.02 Notice of prisoner request to withdraw appeal].

Note: The Prosecutor is responsible for recording the charge in the punishment book. Only the hearing adjudicator or the Visiting Justice is to record misconduct outcomes in the punishment book.