47 Rules for the management of prisons, remand centres, detention centres and Borstal institutions. E+W
(1)The Secretary of State may make rules for the regulation and management of prisons, remand centres [F1, young offender institutions or secure training centres], and for the classification, treatment, employment, discipline and control of persons required to be detained therein.
(2)Rules made under this section shall make provision for ensuring that a person who is charged with any offence under the rules shall be given a proper opportunity of presenting his case.
(3)Rules made under this section may provide for the training of particular classes of persons and their allocation for that purpose to any prison or other institution in which they may lawfully be detained.
(4)Rules made under this section shall provide for the special treatment of the following persons whilst required to be detained in a prison, that is to say—
(a)—(c) . . . F2
(d)any . . . F3 person detained in a prison, not being a person serving a sentence or a person imprisoned in default of payment of a sum adjudged to be paid by him on his conviction [F4or a person committed to custody on his conviction].
[F5(4A)Rules made under this section shall provide for the inspection of secure training centres and the appointment of independent persons to visit secure training centres and to whom representations may be made by offenders detained in secure training centres.]
(5)Rules made under this section may provide for the temporary release of persons [F6detained in a prison, remand centre [F7, young offender institution or secure training centre] not being persons committed in custody for trial [F8before the Crown Court]or committed to be sentenced or otherwise dealt with by [F8the Crown Court]or remanded in custody by any court.]
Textual Amendments
F1Words in s. 47(1) substituted (3.11.1994) by 1994 c. 33, ss. 6(2), 172(4)
F2S. 47(4)(a)–(c) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
F3Word repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
F4Words added by Criminal Justice Act 1967 (c. 80), s. 66(5)
F5S. 47(4A) inserted (3.11.1994) by 1994 c. 33, ss. 6(3), 172(4)
F6Word substituted by Criminal Justice Act 1961 (c. 39), Sch. 4
F7Words in s. 47(5) substituted (3.11.1994) by 1994 c. 33, ss. 6(4), 172(4)
F8Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 33
Modifications etc. (not altering text)
C1S. 47 amended by Criminal Justice Act 1961 (c. 39), s. 23(2) and Courts–Martial (Appeals) Act 1968 (c. 20), s. 52
C2S. 47 extended by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 13(5), Sch. 17 para. 9
C3S. 47 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 paras. 14, 16