The Young Offender Institution (Amendment) Rules 1996

Statutory Instruments

1996 No. 1662

YOUNG OFFENDER INSTITUTIONS, ENGLAND AND WALES

The Young Offender Institution (Amendment) Rules 1996

Made

24th June 1996

Laid before Parliament

1st July 1996

Coming into force

22nd July 1996

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 1996 and shall come into force on 22nd July 1996.

2.  The Young Offender Institution Rules 1988(2) shall have effect subject to the amendments set out in the Schedule to these Rules.

3.  Without prejudice to the operation of the Interpretation Act 1978(3), any appointment of a chairman or a vice chairman of a board of visitors for a young offender institution made under rule 73(3) of the Young Offender Institution Rules 1988 as in force prior to the commencement of these Rules shall be deemed to have been made under rule 73(3) of the Young Offender Institution Rules 1988 as substituted by paragraph 8 of the Schedule to these Rules.

Home Office

Michael Howard

One of Her Majesty’s Principal Secretaries of State

24th June 1996

Rule 2

SCHEDULE AMENDMENTS TO THE YOUNG OFFENDER INSTITUTION RULES 1988

1.  In rule 2 (interpretation), for the definition of “inmate” in paragraph 1 there shall be substituted the following definition —

““inmate” means a person who is required to be detained in a young offender institution;”.

2.  In rule 6 (temporary release), in sub-paragraph (3)(i) (visits in the locality of the young offender institution), for the words “rule 4 of these Rules” there shall be substituted the words “rule 7 of these Rules”.

3.  In rule 34 (Regime activities) —

(a) for paragraph (1) there shall be substituted the following paragraph —

“(1) An inmate shall be occupied in a programme of activities provided in accordance with rule 3 of these Rules which shall include education, training courses, work and physical education.”; and

(b) for paragraph (4) there shall be substituted the following paragraph —

“(4) An inmate may be required to participate in regime activities for no longer than the relevant period in a day, “the relevant period” for this purpose being —

(a) on a day in which an hour or more of physical education is provided for the inmate, 11 hours;

(b) on a day in which no such education is provided for the inmate, 10 hours; or

(c) on a day in which a period of less than an hour of such education is provided for the inmate, the sum of 10 hours and the period of such education provided,

provided that he may not be required to participate in any one regime activity for more than 8 hours in a day.”.

4.  In rule 38 (Physical education) —

(a) in paragraph (2) the words “paragraphs (2A) and (4)” shall be substituted for the words “paragraph (4)”;

(b) the following paragraph shall be inserted after paragraph (2) —

“(2A) If circumstances reasonably permit, a female inmate aged 21 years or over shall be given the opportunity to participate in physical education for at least one hour a week.”; and

(c) the following paragraph shall be substituted for paragraph (4) —

“(4) If the weather permits and subject to the need to maintain good order and discipline, a female inmate aged 21 years or over shall be given the opportunity to spend time in the open air at least once every day, for such period as may be reasonable in the circumstances.”.

5.  In rule 41 (Maintenance of order and discipline), after paragraph (1) there shall be inserted the following paragraphs —

“(1A) Notwithstanding paragraph (1), regimes may be established at young offender institutions under which stricter order and discipline are maintained and which emphasise strict standards of dress, appearance and conduct; provided that no inmate shall be required to participate in such a regime unless he has been first assessed as being suitable for it and no inmate shall be required to continue with such a regime if at any time it appears that he is no longer suitable for it.

(1B) For the purposes of paragraph (1A), whether an inmate is suitable for a stricter regime is to be assessed by reference to whether he is sufficiently fit in mind and body to undertake it and whether, in the opinion of the Secretary of State, experience of the regime will further his rehabilitation.”.

6.  In rule 43(1) (Search), the words “or as the Secretary of State may direct” shall be inserted at the end.

7.  The following shall be inserted after rule 50(8A) —

“(8B) is intoxicated as a consequence of knowingly consuming any alcoholic beverage;

(8C) knowingly consumes any alcoholic beverage, other than any provided to him pursuant to a written order of the medical officer under rule 18(1);”.

8.—(1) Rule 73 (Boards of visitors, Appointment) shall be amended as follows.

(2) In paragraph (1), the words “paragraphs (1A) and (1B)” shall be substituted for the words “paragraph (1A)”.

(3) The following paragraph shall be inserted after paragraph (1) —

“(1ZA) A member —

(a) appointed for the first time to the board of visitors for a particular young offender institution; or

(b) reappointed to the board following a gap of a year or more in his membership of it,

shall, during the prior of 12 months following the date on which he is so appointed or (as the case may be) reappointed, undertake such training as may reasonably be required by the Secretary of State.”.

(4) In paragraph (1A) there shall be inserted, after sub-paragraph (a), the following sub-paragraph —

“(aa) he has failed to undertake training he has been required to undertake under paragraph (1ZA) of this rule, by the end of the period specified in that paragraph;”.

(5) The following paragraph shall be inserted after paragraph (1A) —

“(1B) Where the Secretary of State:

(a) has reason to suspect that a member of the board of visitors for a young offender institution may have so conducted himself that his appointment may be liable to be terminated under paragraph (1A)(a) or (c) above; and

(b) is of the opinion that the suspected conduct is of such a serious nature that the member cannot be permitted to continue to perform his functions as a member of the board pending the completion of the Secretary of State’s investigations into the matter and any decision as to whether the member’s appointment should be terminated,

he may suspend the member from office for such period or periods as he may reasonably require in order to complete his investigations and determine whether or not the appointment of the member should be so terminated; and a member so suspended shall not, during the period of the suspension, be regarded as being a member of the board, other than for the purposes of this paragraph and paragraphs (1) and (1A) above.”.

(6) For paragraphs (2) to (4) there shall be substituted the following paragraphs —

“(2) A board shall have a chairman and a vice chairman, who shall be members of the board.

(3) The Secretary of State shall —

(a) upon the constitution of a board for the first time, appoint a chairman and a vice chairman to hold office for a period not exceeding twelve months;

(b) thereafter appoint, before the date of the first meeting of the board in any year of office of the board, a chairman and a vice chairman for that year, having first consulted the board; and

(c) promptly fill, after having first consulted the board, any casual vacancy in the office of chairman or vice chairman.

(4) The Secretary of State may terminate the appointment of a member as chairman or vice chairman of the board if he is satisfied that the member has —

(a) failed satisfactorily to perform his functions as chairman or (as the case may be) vice-chairman; or

(b) has grossly misconducted himself whilst performing those functions.”.

9.  For rule 78 (Boards of visitors, annual report), there shall be substituted the following rule —

“78.— (1) The board of visitors for a young offender institution shall, in accordance with paragraphs (2) and (3) below, from time to time make a report to the Secretary of State concerning the state of the institution and its administration, including in it any advice and suggestions they consider appropriate.

(2) The board shall comply with any directions given to them from time to time by the Secretary of State as to the following matters —

(a) the period to be covered by a report under paragraph (1);

(b) the frequency with which such a report is to be made; and

(c) the length of time from the end of the period covered by such a report within which it is to be made,

either in respect of a particular report or generally; provided that no directions may be issued under this paragraph if they would have the effect of requiring a board to make or deliver a report less frequently than once in every 12 months.

(3) Subject to any directions given to them under paragraph (2), the board shall, under paragraph (1), make an annual report to the Secretary of State as soon as reasonably possible after 31st December each year, which shall cover the period of 12 months ending on that date or, in the case of a board constituted for the first time during that period, such part of that period during which the board has been in existence.”.

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Young Offender Institution Rules 1988 (“the 1988 Rules”), as amended.

Rule 2 of these Rules introduces the Schedule, which sets out the amendments to the 1988 Rules.

Paragraph 1 of the Schedule clarifies the definition of “inmate” for the purposes of the 1988 Rules and paragraph 2 corrects a wrong reference in rule 6 of those Rules.

Paragraph 3 of the Schedule makes revised provision for the regime activities in a young offender institution. It extends the regime day and expands the scope of what are to be regarded as regime activities.

Paragraph 4 of the Schedule makes new provision for physical education and revised provision for time in the open air for female inmates aged 21 and over.

Paragraph 5 of the Schedule enables the establishment of regimes providing for stricter order and discipline and which emphasise strict standards of dress, appearance and conduct, subject to certain safeguards.

Paragraph 6 of the Schedule enables the Secretary of State to direct when an inmate should be searched and paragraph 7 of the Schedule creates two new disciplinary offences relating to alcohol.

Paragraphs 8 and 9 of the Schedule make revised provision for the appointment of the chairman and vice chairman of a board of visitors for a young offender institution (in respect of which rule 3 of these Rules makes transitional provision) and for the making of reports by such a board to the Secretary of State. Paragraph 8 introduces new provision for training for members of a board of visitors and for their suspension from membership on grounds of suspected serious misconduct. That paragraph also introduces new provision for the termination of office of a chairman or vice chairman of a board of visitors.

(1)

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), is extended by section 6 of the Prison Act 1952 and is applied by section 43(5) of the Prison Act 1952. The Criminal Justice Act 1988, Schedule 8, paragraph 1, contains amendments affecting these provisions.

(2)

S.I. 1988/1422; relevant amending instruments are S.I. 1989/331, 1994/3194, 1995/984 and 1995/1599.

(3)

1978 c. 30.