Prison adjudications (in which the matter has been referred to the independent adjudicator)
Legal Representation for Prison Adjudication
It is the adjudicator’s duty to explain the possibilities of assistance in the forms of legal representation or legal assistance. It is at the governor’s discretion whether to allow you some form of assistance. You should note however, that you are entitled to legal representation in cases before an independent adjudicator.
Where a prisoner requests assistance, the adjudicator must consider the request. The adjudicator must fill out the relevant forms to prove that they have properly considered an application.
There are set guidelines on the right to legal advice and representation at adjudications before governors, which are referred to as the ‘Tarrant Criteria’. When considering a request for further assistance, the governor must consider the following factors:
- the seriousness of the charge and the potential penalty
- whether any points of law are likely to arise
- the capacity of the prisoner to present his/her own case
- whether or not there are likely to be any procedural difficulties
- the need for reasonable speed in hearing the charge
- the need for fairness
- anything else the prisoner raises
If Keith Park Solicitors can help you in any way please give us a call on: 0800 612 7014
