The introduction of enhanced powers to punish misbehaviour in prison has been labelled ‘a concerning surprise’ by The Howard League for Penal Reform.
These new measures, announced by the Ministry of Justice in the form of Statutory Instrument (SI) The Prison (Governor’s and Adjudicators’ Punishments) (Amendment) Rules 2026, and applicable from September 2026, will include increasing the number of additional days of imprisonment that can be awarded, extending the length of time that privileges can be forfeited, and restricting people’s access to social visits.
Additional Days
The SI doubles the maximum number of ‘additional days’ that can be awarded, from 42 to 84 days, triggering concerns over fairness, disproportionality and their potential to put further pressure on an already overcrowded prison estate.
Forfeiture of Privileges
The SI also extends the maximum period for which the punishment of forfeiture of privileges can be imposed from 42 to 84 days, meaning that certain items or activities, such as enhanced access to the gym, can be taken away for a set time.
Restrictions to Social Visits
The SI introduces two new punishments restricting social visits for people who have been convicted – a restriction on all visits for up to 27 days and/or a limit to one visit per 28 days for up to 84 days. This is particularly concerning given that family and social visits are a fundamental right of prisoners, who retain the right to family life under Article 8 of the European Convention on Human Rights.
In addition, it should be noted that these new punishments can be given out at governor’s adjudications, where people are typically not entitled to legal representation and cannot access legal aid.
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