The Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Prison and Young Offenders Centre Rules (Northern Ireland) 1995 (“the principal rules”).

Rule 4 amends rule 32 of the principal rules. Rule 32 governs the circumstances and arrangements for the restriction of the association of a prisoner. Under rule 32, before it was amended by rule 4, the restriction of the association of a prisoner could not be for more than 48 hours without the agreement of a member of the board of visitors or the Secretary of State. Following the amendments made by rule 4 it will only be possible for the Secretary of State to give his consent to the continued restriction of the association of the prisoner. Rule 4 also amends the role of the board of visitors role under rule 32 so that they must monitor the decision and decision making process surrounding the restriction of the association of a prisoner.

Rule 5 amends rule 45 of the principal rules to remove references to the board of visitors. Rule 45 is concerned with petitions by a prisoner to the Secretary of State for a review of an award that has been made against that prisoner. Since the amendments made by the Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2000 (S.R. 2000/267) it is no longer possible for a board of visitors to make an award that might be the subject of a petition under rule 45 and as a consequence the references to the board of visitors are no longer necessary.

Rule 6 amends rule 48 of the principal rules. Rule 48 governs the circumstances and arrangements for the making of an order putting a prisoner under restraint. Under rule 48, before it was amended by rule 6, a prisoner could only be kept under restraint for more than 24 hours with the agreement of a member of the board of visitors and the medical officer. Following the amendments made by rule 6 only the agreement of the medical officer is required. Rule 6 amends the role of the board of visitors under rule 48 so that they must monitor the decision and decision making process to put a prisoner under restraint.

Rules 2, 3 and 7 insert a new prisoner complaints system into the principal rules, including provision in relation to the operation of the new Prisoner Ombudsman for Northern Ireland. The new internal complaints process will consist of an initial consideration of the complaint by the person responsible for the matter that is the subject matter of the complaint followed by a two stage review process. The internal complaints procedure is set out in new rules 75 to 79D of the principal rules. In certain limited circumstances complaints can be made by former prisoners as well as existing prisoners. The internal procedure for complaints by former prisoners is set out in new rules 79E to 79H of the principal rules. Existing and former prisoners can complain to the Prisoner Ombudsman for Northern Ireland once they have exhausted the internal complaints procedure. The procedure for complaining to the Ombudsman is set out in new rules 79I to 79N of the principal rules.

Rule 8 amends rule 85 of the principal rules to make it possible for certain functions of a medical officer of a prison or a Young Offenders Centre to be carried out by a registered nurse. Rule 3 inserts a definition of “registered nurse” into the principal rules as well as inserting various definitions relating to the new prisoner complaints system.