Authority to hold prisoners in segregation

Outcome: Prisoners are only held in the segregation unit under the proper

authority. Authority is provided by the Prison (YOI) Rules

Under Prison Rule 45 (YOI Rule 49) – Good Order Or Discipline

Under Prison Rule 45 (YOI Rule 49) – Own protection

Under Prison Rule 46 - Close Supervision Centre of a prison. Click here for the Operating Standards for Close Supervision Centres.

Under Prison Rule 53(4) (YOI Rule 58(4)) – Prisoner awaiting an adjudication to start may be kept apart from other prisoners pending the governor’s first inquiry.

Under Prison Rule 55(e) (YOI Rule 60(f)) – Cellular confinement for a prisoner found guilty of an offence against discipline. Cellular confinement is not permitted for juvenile trainees.

This PSO also covers the procedures to apply in relation to prisoners on dirty protest. A prisoner on dirty protest is moved to special accommodation in the segregation unit or other fit for purpose accommodation. Prisoners engaged in a dirty protest are normally held under Rule 45 (YOI Rule 49) Good Order or Discipline.

Purpose and reasons for segregation

Rule 45 (YOI Rule 49) Good Order or Discipline (GOoD)

Outcome: Prisoners are only segregated for reasons of Good Order or

Discipline when there are reasonable grounds for believing that

the prisoner’s behaviour is likely to be so disruptive or cause

disruption that keeping the prisoner on ordinary location is

unsafe.

The decision to segregate a prisoner is reasonable and appropriate. See example occasions where segregation might be appropriate.

The operational manager (grade F or above) authorising segregation considers whether the situation could be better addressed by adopting alternative arrangements such as transfer to another wing, closer supervision on ordinary location, transfer to another establishment etc.

Segregation under Rule 45 (YOI Rule 49) GOoD is for the shortest period of time consistent with the reason for separation in the first place.

When Young People are located in the Segregation Unit, Duty Governors/Controllers must consider allowing them to make representations against Segregation. This process is described here.

Rule 45 (YOI Rule 49) Own Interest

Outcome: Prisoners are segregated in their own interests when there are good

and sufficient reasons for believing that the prisoner’s safety and

well being cannot reasonably be assured by other means.

Segregation in a prisoner’s own interests is normally only considered when there are reasons for believing that the prisoner is known or suspected to be at risk of assault.

It is not necessary that a prisoner should already have been assaulted nor requested Rule 45 protection. It is sufficient for the Governor to be satisfied that the prisoner is at risk and that his or her safety cannot reasonably be assured by other means.

A prisoner may request segregation under Rule 45 but this may be denied by the Governor if after investigation, he or she believes that there are not sufficient grounds to justify it.

If a prisoner’s fear of assault appears unfounded but is so great as to cause concern about their mental state on normal location, this is sufficient to justify considering segregation. The prisoner may also exceptionally request own interest segregation for reasons other than a fear of assault by other prisoners eg. genuine inability to cope on normal location for a specific time period (eg. mental health reasons, period of stress / bereavement, with home domestic circumstances). The operational manager assesses the explanation given for the segregation request and decides whether to grant own interest segregation.

Where the prisoner indicates reluctance to be segregated in his or her own interest, but the Governor considers such a move still to be necessary or desirable, a decision to go ahead with segregation will be on the grounds of maintaining Good Order or Discipline. This is clearly documented on the relevant form – Governor’s Authority for Initial Segregation / Governor’s Authority for Initial Segregation (Young Person).

A prisoner can be segregated on initial reception or at any subsequent stage of their time in custody.

For young offenders and juvenile trainees, removal from association under YOI Rule 49 (especially for own protection) is an exceptional step (particularly for those prisoners under the age of 18). The traditional emphasis on the induction, assessment and supervision of trainees and the maintenance of a healthy climate are important in preserving this situation.

When Young People are located in the Segregation Unit, Duty Governors/Controllers must consider allowing them to make representations against Segregation. This process is described here.

Segregation Under Prison Rule 53(4) (YOI Rule 58(4)) – awaiting an adjudication to start

Outcome: Prison Rule 53(4) / YOI Rule 58(4) can only be used for the period between the alleged offence and the initial hearing. It will not be used as an automatic measure but only where there is real need, such as the risk of collusion or intimidation relating to the alleged offence which segregation of the accused might prevent.

Prison Rule 53(4) or YOI Rule 58(4) segregation and the reasons for it are recorded on the prisoner’s main record (F2050).

If the governor’s initial hearing is inconclusive, but the need for segregation is still felt to exist, it may only then be authorised under Prison Rule 45 (YOI Rule 49) - Good Order Or Discipline.

If continued segregation is necessary and the adjudication cannot take place for some time, the governor considers the need to transfer the prisoner temporarily elsewhere where he or she may be held on normal location pending the adjudication getting underway again.

If legal representation has been granted and the governor believes that temporary transfer would be appropriate, he or she seeks the views of the prisoner’s solicitor. If and when a transfer is arranged, the solicitor is informed of the prisoner’s new location.

Segregation Under Prison Rule 55(e) (YOI Rule 60(f)) – cellular confinement

Outcome: An adjudicator may impose a punishment of cellular confinement following a finding of guilt at an adjudication as long as a doctor or registered nurse has indicated that there are no relevant health factors that would advise against this.

The maximum period of cellular confinement that can be imposed is 21 days for adult prisoners and 10 days for young offenders.

Juvenile / under 18 prisoners may not be given a punishment of cellular confinement following adjudication

If a pregnant woman is serving a punishment which involves segregation there is no reason why she should not be located in the segregation unit during the day, provided that there is a bell and she is observed at regular intervals. Governors must ensure that only a minimum loss of facilities results. The adjudicator would, however, normally be expected to impose a punishment which does not include segregation.

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