INSTITUTIONAL DISCIPLINARY HEARINGS
prison law
PATH has experience in challenging disciplinary charges where the person charged is not given access to a fair process. A fair process may include being informed of whether there is evidence against you and being provided with reasonable expectations for the hearing.
What are the consequences of disciplinary charges on your institutional record?
It is important to understand the consequences of a disciplinary hearing so that you or your lawyer can best advocate for a favourable outcome. There are short term consequences of a disciplinary charge, such as the specific disciplinary sanction(s) that are imposed on a person found guilty. Sanctions may include a warning, a fine, or loss of privileges. However, there are also longer lasting consequences which include complications with parole, transfers between facilities, and placement in solitary confinement or a higher security classification.
The Process
INFORMAL RESOLUTION
Prison staff must attempt informal resolution of the incident before a disciplinary charge is laid.
MANDATORY INFORMATION FROM CORRECTIONS
If informal resolution does not occur or does not work, the charged individual should receive a “charge sheet” or “offence report”. This document will alert the individual to charges they are facing and the reasons for the charge.
In addition to the written document, a charged individual should receive verbal explanation of the charge and its potential consequences, . along with being given information verbally that they may present witness, document, or video evidence at the hearing.
DISCIPLINARY HEARING
Once the matter goes to a scheduled hearing, the hearing will take place within the prison. Both the individual and the institution are provided with the opportunity to present their version of events. If behaviour contrary to the rules or regulations is found to have occurred, the decision maker may decide to impose disciplinary sanctions.
Possible Remedies
Withdrawn charge
Found not-guilty
Less or lesser disciplinary sanctions imposed
How PATH can help
Legal representation for those in federal prison who have been charged with a serious disciplinary charge.
For those charged with a minor charge, they may submit a request for legal counsel to the Warden. PATH may write to the Warden to bolster the request.
Legal assistance or summary advice (for a minor or serious charge).
Legal assistance appealing a disciplinary decision
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Practicing lawyers
Jessica Rose
Managing Lawyer
Emma Arnold
Staff Lawyer