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Report of the Inquiry into the circumstances of the Death of Bernard ...

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Changes to assessing fitness<br />

13.10 There have been changes to <strong>the</strong> system <strong>of</strong> assessing fitness for adjudication and<br />

segregation since 1998.<br />

13.11 Prison Service Order (PSO) 2000 on Adjudications (in force from January 2006)<br />

states that “a list <strong>of</strong> all those appearing before <strong>the</strong> adjudicator must be passed to <strong>the</strong><br />

Healthcare Unit in sufficient time to enable any relevant concerns about individual<br />

prisoners to be given to <strong>the</strong> adjudicator before <strong>the</strong> start <strong>of</strong> <strong>the</strong> prisoner’s adjudication.”<br />

(PSO 2000, paragraph 2.25)<br />

13.12 The PSO also stated that <strong>the</strong> adjudicator “may also wish to take <strong>into</strong> account”<br />

information in any F2052SH or ACCT (PSO 2000, paragraph 2.25).<br />

13.13 PSO 2000 was subsequently amended. The current guidance states:<br />

“before any punishment <strong>of</strong> cellular confinement…is imposed…a medical practitioner or<br />

registered nurse must first complete an Initial Segregation Safety Screen and <strong>the</strong><br />

adjudicator must take account <strong>of</strong> any medical advice that <strong>the</strong> punishment is not suitable<br />

when making his or her decision.” (PSO 2000, paragraph 7.27A)<br />

Among o<strong>the</strong>r questions, <strong>the</strong> Segregation Safety Screen asks: “Has <strong>the</strong> person selfharmed<br />

in this period <strong>of</strong> custody/are <strong>the</strong>y on an open ACCT OR is <strong>the</strong> person currently<br />

taking any anti-psychotic medicine?”<br />

13.14 Notes on <strong>the</strong> form say that <strong>the</strong> screen should be completed after:<br />

a discussion with <strong>the</strong> prisoner<br />

reference to <strong>the</strong> clinical record and any o<strong>the</strong>r relevant documentation<br />

ga<strong>the</strong>ring information from o<strong>the</strong>r members <strong>of</strong> <strong>the</strong> care team/discipline staff<br />

reviewing <strong>the</strong> nature <strong>of</strong> <strong>the</strong> incident which led to segregation being necessary to<br />

check for indicators <strong>of</strong> mental distress.<br />

13.15 PSO 1700 gives instructions on <strong>the</strong> use <strong>of</strong> Segregation. PSO 2000 (on<br />

Adjudications) advises that a prisoner serving a punishment <strong>of</strong> cellular confinement is<br />

subject to <strong>the</strong> observational requirements applying when segregated under <strong>the</strong><br />

provisions <strong>of</strong> PSO 1700. PSO 1700 says that <strong>the</strong> segregation screening form should be<br />

completed for any prisoner placed in segregation to await adjudication for longer than<br />

four hours.<br />

106

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