135Applications for legal representation

1. If a prisoner requests permission to be legally represented at the hearing of a charge alleging an offence against discipline, the request must be considered and determined by—

2. a hearing adjudicator; or
3. if the case has been referred to a Visiting Justice under section 134, a Visiting Justice.

4. In determining whether to grant permission to a prisoner to be legally represented, the hearing adjudicator or Visiting Justice must have regard to—

5. the seriousness of the conduct that is alleged to constitute the offence and the magnitude of the penalty that is likely to be imposed:
6. the complexity of the issues that are likely to arise at the hearing (including, without limitation, points of law):
7. any procedural difficulties likely to be encountered (for example, the need to cross-examine witnesses):
8. the capacity of the prisoner concerned to present his or her case effectively:
9. the need for reasonable speed generally in decision-making required for the determination of charges relating to offences against discipline:
10. the need to ensure that hearings of those charges are conducted fairly as between—
    1. different prisoners:
    2. the complainant and the defendant:
11. any other matter that the adjudicator considers relevant.

12. If a request under subsection (1) is considered by a hearing adjudicator and the adjudicator permits the prisoner to be legally represented at the hearing, the adjudicator must refer the case to a Visiting Justice for hearing and determination in accordance with section 137.

13. If the hearing adjudicator does not permit the prisoner to be legally represented, that hearing adjudicator or another hearing adjudicator must hear and determine the case in accordance with section 133, unless it is referred to a Visiting Justice under section 134.

14. A hearing adjudicator or Visiting Justice must provide the prisoner and the prison manager with a summary in writing of his or her reasons for the decision to permit or, as the case may require, not to permit the prisoner to be legally represented.