Section 2. Background to the report
3)
The governor may arrange at his discretion for such an inmate to resume association with other
inmates, and shall do so if in any case the medical officer or a medical practitioner such as is
mentioned in rule 27(3) so advises on medical grounds.
2.4
Where a child has committed an offence in breach of the YOI rules they will face an
adjudication where the charge is laid before them. Before an adjudication takes place, rule 58
authorises that the child can be kept apart from other children pending that adjudication.
Rule 58: Disciplinary charges
1)
Where an inmate is to be charged with an offence against discipline, the charge shall be laid as soon
as possible and, save in exceptional circumstances, within 48 hours of the discovery of the offence.
Every charge shall be inquired into by the governor.
Every charge shall be first inquired into not later, save in exceptional circumstances, than the next day,
not being a Sunday or public holiday, after it is laid.
An inmate who is to be charged with an offence against discipline may be kept apart from other
inmates pending the governor’s first inquiry.
2)
3)
4)
2.5
PSI 1700 Segregation5 provides detailed instructions for managing prisoners under rule 49,
including the roles and responsibilities of various staff when children are separated.
PSI 1700 Segregation (2007)
Health care visits: health visits and assessments take place regularly to ensure there is no reason why
prisoners should be removed from segregation on physical or mental health grounds.
A doctor or registered nurse must complete the Initial Segregation Health Screen within two hours
of the child being segregated. This screen must be completed for all children held in:
-
the segregation unit
special accommodation (including any located within health care)
any other segregated environment within the prison.
It must also be completed for any child placed in segregation to await adjudication for longer than
four hours.
-
A member of health care staff must attend and contribute to the segregation review board
(this authorises the continuation of segregation for children held under rule 49). Health care
staff are expected to comment on and assess the physical, emotional and mental well-being of
the child, and whether there are any apparent clinical reasons to advise against the
continuation of segregation. Recordings must reflect this ongoing assessment.
Children: guidance on providing the opportunity for a child to make representations is as below.
-
5
12
When considering whether to segregate a child under rule 49, governors must consider
whether the child can be given the opportunity to make representations against segregation
before a decision to segregate is made.
In deciding whether the opportunity to make representations can be provided, governors must
take account of all the circumstances, including the risk to the child and others, the availability
PSI 1700 (2006). Segregation and special accommodation, available at <https://www.justice.gov.uk/offenders/psos>
accessed 24 October 2019.
Separation of children in young offender institutions