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Can you yourself opt to take your case at a standard prison adjudication to crown court, if you feel it is a very serious case and/or the Governor does not have enough knowledge in law to judge it as it may involve multiple fields of law like civil/criminal/public/prison etc... and/or there is corruption at the prison level among the governors and officers that may affect your case.

A prison adjudication typically has one Governor, who has no law degree but some knowledge in prison law. There is also usually one or more officers to assist, but there is no jury.

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    You might want to clarify the jurisdiction in question.
    – o.m.
    Mar 8, 2021 at 5:20
  • @o.m. I was asking generally as to get a comprehensive ansewer that will benift many people. I have been in this situation and can give you my example.
    – Asan Ramzan
    Mar 8, 2021 at 7:31
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    Well, where I live there is no Crown Court, so the answer is "not applicable." You really need to tell at least the country.
    – o.m.
    Mar 8, 2021 at 8:32
  • Nnotwithstanding the lack of a jurisdiction tag, there are multiple scenarios in the OP - the Governor's apparent lack of knowledge of his own prison's procedural / discipline rules may be grounds for an appeal; alleged criminal conduct in prison is normally a police matter; there are more than likely confidential processes in place to report allegations of misconduct and / or corruption.
    – user35069
    Mar 8, 2021 at 9:12
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    E&W tag added. I've also voted to close this question as it is seeking specific legal advice, and makes allegations of corruption and criminal conduct by the police and HMPPS which the OP should consider referring to the relevant counter-corruption / professional standards units.
    – user35069
    Mar 8, 2021 at 12:26

1 Answer 1

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Not initially

The prison Governor is part of the administrative arm of government so what you describe as a “prison adjudication” is an administrative tribunal not a judicial court. From you description, it appears you have a dispute with or within the prison and this procedure has been offered to resolve it. No doubt there is an underpinning law that allows the government, through the Governor, to make this decision. There may also be an appeals process within the prison system that can follow it.

This is all perfectly normal and legitimate and is a common way for government to ensure it makes its decisions fairly.

The courts will not get involved unless and until all the administrative avenues have been exhausted. Even then, the grounds for appeal to the courts are limited to “the government didn’t follow its own rules” and not “I don’t like the decision I got”. Government officials, like prison Governor’s, have discretion to make decisions and courts will not interfere with those decisions, even when they are wrong, unless the decision making process didn’t follow the rules for making decisions.

It’s similar to the way football referees can mistake a goal for no goal or miss an offside. They can make mistakes. However, if they are taking bribes to make those “mistakes” ...

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