The Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2004

New Part XIIIA: Separated prisoners

8.  After Part XIII of the principal rules insert –

“PART XIIIA separated prisoners

Rules not applying to separated prisoners

109A.   The following rules shall not apply to separated prisoners:

(a) rule 2(d) and (e);

(b) rule 51(1) and (5);

(c) rule 52(4);

(d) rule 99(1);

(e) rule 103(2); and

(f) rule 103(3) from the word “work”, to the end.

Loss of remission

109B.— (1) Where a separated prisoner is charged with an offence under rule 38 for which, in the view of the governor, loss of remission may be the appropriate award if the prisoner is found guilty, the governor shall, unless he dismisses the charge, refer the charge to the Commissioner.

(2) The Commissioner shall inquire into any charge referred to him under paragraph (1) and any other charges arising out of the same incident within 28 days, unless it is not reasonably practicable to do so.

(3) If, after inquiring into any charge, the Commissioner is satisfied that the offence has been committed, he may make one or more of the following awards -

(a) any of the awards mentioned in rule 39;

(b) loss of remission for a period not exceeding 180 days.

(4) If a separated prisoner is found to have committed more than one offence the Commissioner may impose more than one period of loss of remission to run consecutively.

The Commissioner’s procedure

109C.— (1) Subject to this rule and rule 109D the Commissioner when inquiring into any charge referred to him under rule 109B shall adopt such procedure as he thinks fit.

(2) The Commissioner shall hold an oral hearing.

(3) The Commissioner’s decision shall be made public.

Rights of a separated prisoner referred to the Commissioner

109D.— (1) A separated prisoner charged with an offence referred to the Commissioner is entitled to be present at the oral hearing.

(2) A separated prisoner is entitled to be legally represented at the oral hearing.

Prospective loss of remission for separated prisoners

109E.— (1) In the case of an offence against prison discipline committed by a separated prisoner who is detained only on remand or to await trial or sentence, an award of loss of remission may be made as provided in rule 109B notwithstanding that the separated prisoner has not (or had not at the time of the offence) been sentenced to imprisonment or ordered to be detained in a young offenders centre.

(2) An award under paragraph (1) shall have effect only where the sentence of imprisonment or term of detention in a young offenders centre being imposed is reduced by section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 by a period which includes the time when the offence against discipline was committed.”