136Right to appeal to Visiting Justice against decision of hearing adjudicator

1. If a prisoner is dissatisfied with any decision of a hearing adjudicator, the prisoner may, no later than 14 days after the date of the decision, request that the decision be referred by way of appeal to a Visiting Justice; on receiving that request, the prison manager must promptly refer it to a Visiting Justice.

2. If the appeal to the Visiting Justice relates to a refusal to grant the prisoner permission to be legally represented at his or her hearing, the Visiting Justice must consider the appeal and may confirm the decision of the hearing adjudicator or reverse it.

3. If the Visiting Justice allows the appeal under subsection (2), the Visiting Justice must hear or, as the case requires, rehear the whole case.

4. If the appeal to the Visiting Justice relates to any finding of the hearing adjudicator, the Visiting Justice must rehear the whole case, and may—

5. either reverse that finding or confirm it; and
6. either—
   1. confirm the penalty or any section 133(4A) order imposed by the adjudicator; or
   2. if in the Visiting Justice’s opinion the circumstances require it, impose in its place any penalty or any section 133(4A) order that could have been imposed by the adjudicator.

7. If the appeal to the Visiting Justice relates only to a penalty imposed by the hearing adjudicator, the Visiting Justice must consider only the question of the penalty, and may either—

8. confirm the penalty; or
9. if in their opinion the circumstances require it, impose in its place any penalty or any section 133(4A) order that could have been imposed by the adjudicator.

10. If the appeal to the Visiting Justice relates only to a section 133(4A) order made by a hearing adjudicator, the Visiting Justice—

11. must consider whether the order is appropriate in the circumstances; and
12. may—
    1. confirm the order; or
    2. if in the Visiting Justice’s opinion the circumstances require it, impose in its place 1 or more penalties under section 133(3) or (4) or both that could have been imposed by the adjudicator.

13. If there is an appeal under this section, any penalty imposed by the hearing adjudicator is suspended, until the appeal is disposed of.

14. If there is an appeal under this section against any section 133(4A) order made by the hearing adjudicator,—

15. the time period for the subsequent offence continues to run during the period specified in the order; but
16. the prisoner may not be called to appear for imposition of any penalty under section 135A(2) unless the order is confirmed on appeal.

17. In this section, section 133(4A) order means an order under section 133(4A).