Prisons Act 2007
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Appeal against forfeiture of remission of portion of sentence. |
15.— (1) Without prejudice to section 14 , a prisoner— | |
(a) who is found by a governor to have committed a breach of prison discipline, and | ||
(b) on whom a sanction of forfeiture of remission of portion of his or her sentence has been imposed, | ||
may notify the governor of his or her intention to appeal against the finding or sanction, or both finding and sanction, to an Appeal Tribunal established under section 16 . | ||
(2) On receipt of the notification, the governor shall refer the matter to an Appeal Tribunal. | ||
(3) The Appeal Tribunal may invite the prisoner and the governor to make written submissions to it in relation to the appeal. | ||
(4) The prisoner shall be notified by the Appeal Tribunal of the date and time of the hearing of the appeal and that he or she— | ||
(a) may attend the hearing, and | ||
(b) may, for the purposes of the hearing, avail himself or herself of legal aid, advice or representation or apply for free legal aid under the regulations referred to in subsection (7). | ||
(5) If the appeal relates only to the sanction imposed, the Appeal Tribunal may limit the hearing to issues relating to the sanction. | ||
(6) The Appeal Tribunal may— | ||
(a) uphold or quash a finding that the prisoner has committed the breach of prison discipline concerned, | ||
(b) affirm or quash the sanction imposed by the governor, | ||
(c) vary the period of remission to be forfeited, subject to the period, as so varied, not exceeding 14 days, or | ||
(d) where it quashes the sanction, substitute for it any other sanction provided for in section 13 . | ||
(7) The Minister may, with the consent of the Minister for Finance, make regulations providing for the granting of legal aid to prisoners appealing to an Appeal Tribunal under this section. | ||
(8) The decision of an Appeal Tribunal shall be notified in writing to the governor and prisoner and be published in accordance with prison rules. |