The Prison (Amendment) Rules 1994

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Prison Rules 1964 (“the 1964 Rules”), as amended.

They make three separate groups of changes. First, they make provision for the collection of samples from prisoners for the purposes of conducting tests for the presence of controlled drugs and also introduce a new disciplinary offence of (when read with its defences) misusing a controlled drug. Secondly, they extend the scope of three existing disciplinary offences. Thirdly, they make a number of amendments which are expedient in the light of changes made to the arrangements for the contracting out of prisons and of functions performed within prisons by Chapter 1 of Part VIII of the Criminal Justice and Public Order Act 1994.

Amendments relating to controlled drugs

The amendments concerned are set out in paragraphs 1,4,6 and 9 of the Schedule.

Paragraph 1 sets out certain procedures which must or may be followed where an officer requires a prisoner to provide a sample under the powers conferred by section 16A of the Prison Act 1952 (power to test prisoners for drugs) as inserted by section 151 of the Criminal Justice and Public Order Act 1994. Paragraph 4 of the Schedule inserts a new disciplinary offence into rule 47 of the 1964 Rules (offences against discipline) which, when read with the express defences to a charge under the offence created by the new rule 47A inserted by paragraph 6 of the Schedule, penalises misuse of a controlled drug. Paragraph 9 makes a consequential amendment to rule 99 (interpretation).

Amendments extending existing disciplinary offences

The amendments concerned are set out in paragraphs 2, 3 and 5 of the Schedule. These amend three paragraphs of rule 47 of the 1964 Rules (offences against discipline). For each of three existing disciplinary offences which penalise certain conduct by a prisoner in relation to an officer, the scope of the offence is extended to cover the same conduct in relation to any other person (other than a prisoner) who is at the prison for the purpose of working there.

Amendments related to contracting out

The amendments concerned are set out in paragraphs 7 and 8 of the Schedule.

Paragraph 7 amends rule 98A(1) of the 1964 Rules so as to make it clear that references to an officer shall include references to a prisoner custody officer performing custodial duties in relation to a prisoner who is outside a contracted out prison for temporary purposes.

Paragraph 8 inserts new rules 98B and 98C into the 1964 Rules. The new rule 98B provides that, where the running of part of a prison has been contracted out, that part and the remaining part shall each be treated as if they were separate prisons. The new rule 98C provides that, where any functions at a directly managed prison have been contracted out, references to an officer shall include references to a prisoner custody officer performing such functions for the purposes of, or for purposes connected with, such a prison.