What happens if you plead not guilty

If you plead not guilty, the hearing officer should hear evidence from witnesses, look at relevant documents and listen to arguments on both sides, then make a decision about whether the prison offence occurred.

Important: Disciplinary hearings do not follow the rules of evidence like in criminal court. This means both sides can use types of evidence that wouldn’t usually be allowed in criminal court.

The person running the case on behalf of the prison will present their evidence first and make arguments.

If you do not attend your hearing, the hearing officer will then go ahead and make a decision without you about whether the prison offence occurred.

If you do attend your hearing, you will then have a chance to respond and present your own evidence. At a disciplinary hearing, you can:

• Call your own witnesses (but take note of the following points):
  • You will need to make a written request to the hearing officer to call your own witnesses
  • The hearing officer can refuse to allow your requested witness to give evidence, but they must give reasons for their decision
  • A witness cannot be forced to give evidence

• Cross-examine the prison’s witnesses

• Provide other evidence to the hearing officer, if they approve

After hearing all the evidence and arguments, the hearing officer will make a decision.