Prisons Act 2007

12.

Inquiry into alleged breach of prison discipline.

12.— (1) If a prisoner is alleged to have committed a breach of prison discipline, the governor of the prison may decide to hold an inquiry into the alleged breach.

(2) The prisoner shall be informed of the alleged breach and of the date and time of the inquiry.

(3) The procedure relating to an inquiry may be specified in prison rules.

(4) At the conclusion of an inquiry, the governor shall—

( a) if he or she finds that the prisoner committed a breach of prison discipline—

(i) impose such one or more of the sanctions provided for in section 13 as he or she considers appropriate, and

(ii) record the finding and the sanction imposed,

or

( b) if he or she does not so find, record a finding that the allegation has not been substantiated.

Annotations:

Editorial Notes:

E11

Prisoner confirmed to be in breach of prison discipline if he or she gives false evidence to, frustrates or fails to cooperate with an investigation or inquiry under section (1.10.2007) by Prison Rules 2007 (S.I. No. 252 of 2007), rule 66 and sch. 1 para. 13, in effect as per rule 1(2).