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26/07/2023
The Court of Appeal (Bean, Thirlwall and Peter Jackson LJJ) held that rule 53A of the Prison Rules did not impose a requirement for a Governor to give reasons in every case in which they determine that the “so serious” charge has been met. Although the PSI provided a gloss to the rule, the Court accepted that there were certain cases where it might be obvious from the nature of the charge or the particulars given on the charge sheet that the “so serious” test was satisfied.