NCJ Number
84157
Journal
Criminal Law Review Dated: (April 1981) Pages: 218-223
Date Published
1981
Length
6 pages
Annotation
This article examines the United Kingdom's Prison Rules 43 and 45 in relation to the formal disciplinary system in prisons. Proposed reforms are highlighted.
Abstract
The Prison Rules define offenses against discipline; prescribe procedures for ascertaining guilt; and provide for specific limited penalties, including cell confinement for a maximum period of 56 days. Rule 43 allows something very similar to cell confinement with none of the safeguards attending the formal disciplinary process. Rule 45 provides for temporary confinement in special cells. If removal exceeds 24 hours, the Governor must obtain the approval of a board of visitors member or of the Secretary of State. However, this removal is renewable repeatedly. In view of this broad power, more effective procedural safeguards are necessary. As a result of these rules, some inmates are confined for periods exceeding 1 year. Similarly, the unregulated use of Rule 45 is unacceptable. Both rules should be revised to provide for greater supervision of their use, ever if the review occurs after the rule's application. The article provides 24 footnotes.