Segregation:  Rule 45 (YOI Rule 49) – Good Order or Discipline

 

 

Some examples of occasions where segregation under Prison Rule 45 (YOI Rule 49) may be appropriate:

 

·      situations where there is evidence of a planned or imminent breach of security

 

·      a prisoner incites others to breach security or  prison discipline

 

·      there is a risk to the safety of staff or other prisoners or a risk of damage to prison property

 

·      it is believed (and this belief is based on reasonable grounds, eg. CCTV evidence, drug dog indication coupled with intelligence) that the prisoner is holding drugs internally (through secreting or swallowing) that they intend to take themselves or distribute to other prisoners.  The prisoner should be kept on GOOD until it is believed that he/she no longer holds the drugs (eg. by implementing daily passive drug dog visits until the dog no longer gives an indication). Note: If there is sufficient evidence of drugs being passed (eg. CCTV on a visit / staff observations) then the prisoner should be charged with an offence against discipline and adjudicated on in the normal way.  This does not prevent the prisoner additionally being held in segregation on the grounds of GOOD for possession of drugs.

 

·      where a governor’s initial adjudication hearing is inconclusive, but the need for segregation is still felt to exist (ie. the authority provided under Prison Rule 53(4) / YOI Rule 58(4) has expired.)

 

·      a prisoner consistently fails to co‑operate with anti-bullying strategies

 

·      prisoners who embark on dirty protests (to protect others)

 

·      where the prisoner is subject to police or internal investigations into serious offences that occurred while in prison custody, particularly when the offence was committed against another prisoner