Report of the Inquiry into the circumstances of the Death of Bernard ...

Chapter 21:
THE ADJUDICATION AND PUNISHMENT
Introduction
21.1 The inquiry undertook to examine whether the conduct and conclusion of the
adjudication was in accordance with Prison Service guidance. This chapter considers the
conduct of the adjudication and the supervision of Sonny Lodge in the segregation unit.
It also refers to the assessment of fitness for adjudication and cellular confinement but
that has been considered more extensively in Chapter 13.
Administrative background
The Prison Discipline Manual
21.2 The Prison Discipline Manual contains instructions and guidance on the discipline
system. The 1995 edition of the manual (PDM 1995) was in use in 1998. Among other
things, the manual said that:
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The adjudicator must come to the adjudication afresh with an uncluttered mind
(this is called the de novo principle) and without bias which might arise from prior
knowledge or personal interest. The manual says that a general good knowledge
of the prisoner’s history would not be sufficient to amount to bias. The adjudicator
must determine the case solely on the evidence presented at the hearing and the
proceedings should be started without access to the prison record of the prisoner
accused or record of any previous disciplinary offences in prison (PDM 1995,
paragraphs 3.12-3.13, 9.10-9.11, 10.1, 10.2 and Appendix 4 paragraph 5 and
20).
If an allegation is made by the accused against staff that is relevant to the
charge, the adjudicator should consider what steps need to be taken to allow a
full investigation. The manual says that it will often be the case that the
adjudicator can thoroughly investigate the allegation at the adjudication by calling
witnesses and questioning the prisoner making the allegation. In these cases, the
adjudication may be concluded without a separate investigation (PDM 1995,
paragraphs 5.18-5.19).
On the day of an adjudication hearing and before the hearing starts the accused
will be examined by a medical officer who will note on form F256 (the record of