CCPR/C/58/Add.6 page 36
158. While the system in Northern Ireland is similar to that in England and Wales, the Scottish system of adjudications does not parallel that in England and Wales. Visiting committees, the Scottish equivalent of boards of visitors, have played no part in the adjudication system since 1986. If prison governors, with a maximum power to award 14 days' loss of remission, do not deal with the charge, the matter is referred to the police and ultimately dealt with in court. However, the comprehensive review of the Scottish prison rules referred to in paragraph 77 above will take account of the recommendations of the Home Office Departmental Committee and of the changes which have been made in England and Wales to the code of disciplinary offences. A working group is at present drafting a new manual of guidance for governors on the conduct of adjudications in Scottish prisons. This manual should be available in 1990.
Access to prison regulations
159. In England and Wales, prison standing orders are being published in a continuous programme which is expected to be completed by spring 1990. Once published, they too are placed in libraries and are available for purchase by prisoners. The standing order on adjudications in England and Wales has been published for the first time. In Scotland, standing orders are about to be revised. At present, standing order H, which covers communications, is available for purchase by prisoners.
Staff discipline
160. All staff working in prisons, remand centres and young offender institutions are subject to the criminal law. Where prima facie evidence exists of a criminal offence against an inmate's person or property, the police would be invited to investigate. Conviction for such an offence would normally result in dismissal.
These
161. Staff are also subject to internal disciplinary procedures. provide for a number of offences such as unnecessary exercise of authority, provoking a prisoner, and unnecessary or undue use of force. It would also be possible to take disciplinary action against a member of staff who failed to comply with prison rules or prison standing orders. The awards available to the Prison Department include warnings, reprimands, special probation, forfeiture of increments, reduction in rank and dismissal.
162. During the last five years, there have been 17 cases in England and Wales which fell into the various categories mentioned above and which attracted the full range of awards.
Police custody
163. All persons detained in policy custody in England and Wales have the same rights as all other members of the public, under part IX of the Police and Criminal Evidence Act 1984, to lodge a formal complaint if they feel they have been treated unfairly or improperly in any way by a member of a police force. Similar rights extend to members of the public and to persons detained by the police in Northern Ireland under the terms of the Police (Northern Ireland) Order 1987. The procedures are explained in this report, in the comments
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