Statutory Instruments
YOUNG OFFENDER INSTITUTIONS, ENGLAND AND WALES
Made
1st April 1995
Laid before Parliament
4th April 1995
Coming into force
25th April 1995
In exercise of the powers conferred upon me by section 47 of the Prison Act 1952(1), I hereby make the following Rules:
1. These Rules may be cited as the Young Offender Institution (Amendment) Rules 1995 and shall come into force on 25th April 1995.
2. The Young Offender Institution Rules 1988(2) shall have effect subject to the amendments set out in the Schedule to these Rules.
3.—(1) Without prejudice to the operation of the Interpretation Act 1978(3), where, prior to the coming into force of these Rules, an inmate has been temporarily released under rule 6 of the Young Offender Institution Rules 1988 as then in force and is still at large at the moment these Rules come into force, he shall be deemed, after the coming into force of these Rules, to have been released under rule 6 of the Young Offender Institution Rules 1988 as substituted by paragraph 1 of the Schedule to these Rules, notwithstanding the fact (if it be the case) that he would not have qualified for release under rule 6 as so substituted.
(2) Without prejudice to the operation of the Interpretation Act 1978, references in the following rovisions of the Young Offender Institution Rules 1988, however expressed, to rule 6 of those Rules shall be construed as including a reference to rule 6 of those Rules as in force prior to the coming into force of these Rules: rules 6(5)(b) and (6) (as substituted by these Rules) and 50(8).
4. Paragraphs 2 and 3 of the Schedule shall not apply in relation to offences against discipline committed before the coming into force of these Rules.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
1st April 1995
Rule 2
1. For rule 6 (temporary release) there shall be substituted the following rule:
6.—(1) The Secretary of State may, in accordance with the other provisions of this rule, release temporarily an inmate to whom this rule applies.
(2) An inmate may be released under this rule for any period or periods and subject to any conditions.
(3) An inmate may only be released under this rule:
(a)on compassionate grounds or for the purpose of receiving medical treatment;
(b)to engage in employment or voluntary work;
(c)to receive instruction or training which cannot reasonably be provided in the young offender institution;
(d)to enable him to participate in any proceedings before any court, tribunal or inquiry;
(e)to enable him to consult with his legal adviser in circumstances where it is not reasonably practicable for the consultation to take place in the young offender institution;
(f)to assist any police officer in any enquiries;
(g)to facilitate the inmate’s transfer between the young offender institution and another penal establishment;
(h)to assist him in maintaining family ties or in his transition from life in the young offender institution to freedom; or
(i)to enable him to make a visit in the locality of the young offender institution, as a reward for good behaviour or performance.
(4) An inmate shall not be released under this rule unless the Secretary of State is satisfied that there would not be an unacceptable risk of his committing offences whilst released or otherwise of his failing to comply with any condition upon which he is released.
(5) The Secretary of State shall not release under this rule an inmate if, having regard to:
(a)the period or proportion of his sentence which the inmate has served; and
(b)the frequency with which the inmate has been granted temporary release under this rule,
the Secretary of State is of the opinion that the release of the inmate would be likely to undermine public confidence in the administration of justice.
(6) If an inmate has been temporarily released under this rule during the relevant period and has been sentenced to any period of detention, custody or imprisonment for a criminal offence committed whilst at large following that release, he shall not be released under this rule unless his release, having regard to the circumstances of his conviction, would not, in the opinion of the Secretary of State, be likely to undermine public confidence in the administration of justice and for this purpose “the relevant period”:
(a)in the case of an inmate serving a determinate sentence of imprisonment, detention or custody, is, if the inmate has previously been released on licence under Part II of the Criminal Justice Act 1991(4) during that sentence, the period since the date of his last recall or return to a penal establishment in respect of that sentence or, where the inmate has not been so released, the period he has served in respect of that sentence; or
(b)in the case of an inmate serving an indeterminate sentence of imprisonment, detention or custody, is, if the inmate has previously been released on licence under Part II of the Criminal Justice Act 1991, the period since the date of his last recall to a penal establishment in respect of that sentence or, where the inmate has not been so released, the period he has served in respect of that sentence,
save that where an inmate falls within both of sub-paragraphs (a) and (b) above, the “relevant period”, in the case of that inmate, shall be determined by whichever of the applicable sub-paragraphs that produces the longer period.
(7) An inmate released under this rule may be recalled at any time whether the conditions of his release have been broken or not.
(8) This rule applies to inmates other than persons committed in custody for trial or to be sentenced or otherwise dealt with before or by the Crown Court or remanded in custody by any court.
(9) For the purposes of any reference in this rule to an inmate’s sentence, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term and any reference in this rule to release on licence under Part II of the Criminal Justice Act 1991 includes any release on licence under any earlier legislation providing for early release on licence.”.
2. In rule 53 (governor’s punishments):
(a)in paragraph (1):
(i)in sub-paragraph (b) (forfeiture of privileges) for the words “14 days”there shall be substituted the words “21 days”;
(ii)in sub-paragraph (c) (removal from activities) for the words “14 days”there shall be substituted the words “21 days”;
(iii)in sub-paragraph (d) (extra work) for the words “14 days”there shall be substituted the words “21 days”;
(iv)in sub-paragraph (e) (stoppage of or deduction from earnings) for the words “28 days”there shall be substituted the words “42 days”and for the words “14 days' earnings”there shall be substituted the words “21 days' earnings”;
(v)in sub-paragraph (g) (removal from wing or living unit) for the words “14 days”there shall be substituted the words “21 days”; and
(vi)in sub-paragraph (h) (additional days) for the words “28 days”there shall be substituted the words “42 days”; and
(b)in paragraph (2) (total of consecutive punishments) for the words “28 days”there shall be substituted the words “42 days”.
3. In rule 60 (adult female inmates: disciplinary punishments):
(a)in paragraph (1):
(i)in sub-paragraph (b) (forfeiture of privileges) for the words “28 days”there shall be substituted the words “42 days”;
(ii)in sub-paragraph (c) (removal from activities) for the words “14 days”there shall be substituted the words “21 days”;
(iii)in sub-paragraph (d) (extra work) for the words “14 days”there shall be substituted the words “21 days”;
(iv)in sub-paragraph (e) (stoppage of or deduction from earnings) for the words “56 days”there shall be substituted the words “84 days”and for the words “28 days' earnings”there shall be substituted the words “42 days' earnings”; and
(v)in sub-paragraph (g) (additional days) for the words “28 days”there shall be substituted the words “42 days”; and
(b)in paragraph (3) (total of consecutive punishments) for the words “28 days”there shall be substituted the words “42 days”.
(This note is not part of the Rules)
These Rules amend the Young Offender Rules 1988 (“the 1988 Rules”), as amended. Paragraph 1 of the Schedule substitutes a new rule 6 which makes revised provision for temporary release of inmates (which substitution is subject to certain transitional provisions set out in rule 3 of these Rules). Paragraphs 2 and 3 increase the powers of governors in relation to disciplinary offences committed by inmates (but by virtue of rule 4 of these Rules do not apply in relation to offences committed before the coming into force of these Rules).
1952 c. 52; section 47 was affected by an amendment to section 52(2) of that Act by section 66(4) of the Criminal Justice Act 1967 (c. 80) and was extended by sections 42 and 85(2) and (4) of the Criminal Justice Act 1991 (c. 53) and as applied by section 43(5) of the Prison Act 1952. The Criminal Justice Act 1988, Schedule 8, paragraph 1, contains amendments affecting these provisions.
S.I. 1988/1422; relevant amending instruments are S.I. 1989/331, 1989/2142, 1992/513, 1992/2081 and 1993/3076.