Prison Searching: The Notice Of Adjudication

P1

The prison service uses searching as part of overall safety procedures. Searching doesn’t always mean that has to be planned but many times can be random, routine or intelligence-led. When people go inside the custodial environment they have to be searched and that includes everyone such as prisoners, officers, visitors etc. The type of the research it depends on the individual and the risk they have. Prisoners are always researched at the reception.
In prisons that includes prisoners from category A will routinely search all visitors and staff. On the other hand Category C can let visitors to pass in without physical search.
Visitors can’t bring to the prisoners phones, drugs, computers, mobile phones or weapons because is not allowed.
The nature of the remedy being required.
4. Addresses and names.
This notice (adjudication) is one of the first

The Notice of Adjudication is the first formal step in the adjudication procedure. Save for the minimum information set out above, there is no particular requirement as to the form of the document.
Appointment of the adjudicator
Following service of the Notice of Adjudication, the next step is to appoint an adjudicator. The appointment of an adjudicator must be secured within seven days from service of the Notice of Adjudication. The parties can agree on an individual to act as the adjudicator or, if agreement cannot be reached, the party who referred the dispute to adjudication may make an application to an Adjudicator Nominating Body (ANB). This is usually done by completing a form and paying the required fee. On receipt of a request to nominate an adjudicator, the ANB should communicate their selection to the party who referred the dispute to adjudication within five days of the request. In the event that an ANB fails to do this the whole process must begin again.
The referral
This period can be extended by a further 14 days if the party who referred the dispute in the first place agrees, or can be further extended if both parties agree.
The decision is final and binding, providing it is not challenged by subsequent arbitration or litigation. The parties are obliged to comply with the decision of the adjudicator, even if they intend to pursue court or arbitration proceedings. In the majority of adjudicators' decisions the parties accept the decision, however if they choose to pursue subsequent proceedings the dispute will be heard afresh - not as an 'appeal' of the adjudicator's findings. A party cannot adjudicate the same issue in further adjudication proceedings.
Costs
The Construction Act makes no mention of how costs should be dealt with. However changes to the Act which come into force on 1 October 2011 provide that any contractual provision which attempts to allocate the costs of an adjudication between the parties will be invalid unless it is made after the adjudicator is appointed. This applies to agreements both as to the allocation of the adjudicator's fees and expenses and agreements as to who is to bear the parties' own