Young People
Segregation Under Young Offender Rule 49 For The Maintenance Of Good Order Or Discipline Or In A Young Person’s Own Interests
Guidance on providing the opportunity for a Young Person to make representations
On the 21 December 2004, the Court of Appeal rejected an appeal lodged by the Prison Service concerning a Young Person’s right to make representations following a decision to segregate them. As a result of this, the guidance issued in September 2004 is now a permanent requirement for all Young People segregated under Young Offender Rule 49.
The policy for providing an opportunity to make representations is as follows:
1.	When considering whether to segregate a Young Person under Young Offender Rule 49 or Prison Rule 45, Governors/Controllers must consider whether the Young Person can be given the opportunity to make representations against segregation before a decision to segregate is made.
2.	In deciding whether the opportunity to make representations can be provided, Governors/Controllers must take account of all the circumstances, including the risks to the Young Person and others, the availability of staff and the behaviour and competence of the Young Person to make representations at that moment in time.
3.	If the Governor/Controller decides that the Young Person can be given the opportunity to make representations, that opportunity must be given.
4.	The representations may be made in writing or verbally as circumstances allow (although Governors/Controllers should take account of the level of literacy skills of the Young Person).
5.	Where the representations are made verbally, the gist of the points made should be noted on the segregation forms (both Governor’s/Controller’s Authority for Initial Segregation up to 72 hours and Reasons for Initial Segregation).
6.	The Governors/Controllers response to the representations should also be noted briefly on the form.
7.	Governors/Controllers must consider the help the advocacy service can give to a Young Person when making representations.
8.	If the Governor/Controller decides that circumstances do not permit the Young Person to be given the opportunity to make representations then the decision to segregate should be proceeded with.
9.	The fact that representations could not be entertained should be recorded on the relevant segregation forms together with brief reasons.
10.	The Governor/Controller should be ready to explain the reasons if challenged later.
11.	The Young Person should be given the existing opportunities to make representations after being segregated.