The Prison Rules 1999

PART IV E+W PERSONS HAVING ACCESS TO A PRISON

Prohibited articles E+W

70.  No person shall, without authority, convey into or throw into or deposit in a prison, or convey or throw out of a prison, or convey to a prisoner, or deposit in any place with intent that it shall come into the possession of a prisoner, any F1 ... article whatever. Anything so conveyed, thrown or deposited may be confiscated by the governor.

Textual Amendments

F1 Words in rule 70 omitted (1.4.2008) by virtue of The Prison (Amendment) Rules 2008 (S.I. 2008/597), rules 1, 6

[F2 List C Articles E+W

70A.   A List C article is any article or substance in the following list—

(a) tobacco;

(b) money;

(c) clothing;

(d) food;

(e) drink;

(f) letters;

(g) paper;

(h) books;

(i) tools;

(j) information technology equipment;

[F3 (k) electronic cigarettes;

(l) matches;

(m) lighters.]]

Textual Amendments

F2 Rule 70A inserted (1.4.2008) by The Prison (Amendment) Rules 2008 (S.I. 2008/597), rules 1, 7

F3 Rules 70A(k)-(m) inserted (22.5.2018) by The Prison and Young Offender Institution (Amendment) Rules 2018 (S.I. 2018/549), rules 1, 2(6)

Control of persons and vehicles E+W

71.— [F4 (1) Any person or vehicle entering or leaving a prison may be stopped, examined and searched and in addition any such person may be photographed, fingerprinted or required to submit to other physical measurement.]

[F5 (1A) Any such search of a person shall be carried out in as seemly a manner as is consistent with discovering anything concealed about the person or their belongings.]

(2) The governor may direct the removal from a prison of any person who does not leave on being required to do so.

Textual Amendments

F4 Rule 71(1) substituted (18.4.2005) by The Prison (Amendment) Rules 2005 (S.I. 2005/869), rule 1(1), Sch. 1 para. 8(a)

F5 Rule 71(1A) inserted (18.4.2005) by The Prison (Amendment) Rules 2005 (S.I. 2005/869), rule 1(1), Sch. 1 para. 8(b)

Viewing of prisons E+W

72.—(1) No outside person shall be permitted to view a prison unless authorised by statute or the Secretary of State.

(2) No person viewing the prison shall be permitted to take a photograph, make a sketch or communicate with a prisoner unless authorised by statute or the Secretary of State.

Visitors E+W

73.— [F6 (1) Without prejudice to any other powers to prohibit or restrict entry to prisons, or his powers under rules 34 and 35, the Secretary of State may prohibit visits by a person to a prison or to a prisoner in a prison for such periods of time as he considers necessary if the Secretary of State considers that such a prohibition is—

(a) necessary on grounds specified in rule 35A(4); and

(b) is proportionate to what is sought to be achieved by the prohibition.]

[F7 (1A) During a coronavirus period, the Secretary of State may prohibit visits by all persons or classes of persons to a prison or to a prisoner in a prison for such periods of time as the Secretary of State considers necessary, if the Secretary of State considers that such prohibition is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to prisoners or the prison.]

(2) [F8 Paragraph (1)] [F8 Paragraphs (1) and (1A)] shall not apply in relation to any visit to a prison or prisoner by a member of the [F9 independent monitoring board] of the prison, or justice of the peace, or to prevent any visit by a legal adviser for the purposes of an interview under rule 38 or visit allowed by the [F9 independent monitoring board] under rule 35(6).

Textual Amendments

F6 Rule 73(1) substituted (24.10.2000) by The Prison (Amendment) (No. 2) Rules 2000 (S.I. 2000/2641), rules 1, 7

F7 Rule 73(1A) inserted (temp.) (15.5.2020) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508), rule 1(1), Sch. 1 para. 12(a) (with rule 1(3))

F8 Words in rule 73(2) substituted (temp.) (15.5.2020) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508), rule 1(1), Sch. 1 para. 12(b) (with rule 1(3))

F9 Words in rule 73(2) substituted (1.4.2008) by The Prison (Amendment) Rules 2008 (S.I. 2008/597), rules 1, 4(a)