The Young Offender Institution Rules 2000

[F1 Suspended punishments E+W

63.— (1) Subject to any directions given by the Secretary of State, the power to impose a disciplinary punishment (other than a caution or payback punishment) includes the power to give a suspended punishment direction.

(2) A suspended punishment direction is a direction that the punishment is not to take effect, unless the inmate breaches a condition.

(3) A condition may be either that the inmate—

(a) does not commit another offence against discipline during a specified period (a “non-offending condition”), or

(b) complies with or completes a specified rehabilitative activity during a specified period (a “rehabilitative condition”).

(4) For the purposes of paragraph (3), a condition’s specified period may not be any longer than six months from the date of the direction.

(5) An adjudicator may only give a suspended punishment direction containing a non-offending condition.

(6) A governor may give a suspended punishment direction containing either a non-offending condition or one or more rehabilitative conditions.

(7) Subject to paragraph (11), where an inmate breaches a non-offending condition, the governor or adjudicator (as the case may be) must take one of the steps set out in paragraph (10).

(8) Where it appears to a governor that an inmate may have breached a rehabilitative condition without good reason, the governor must inquire into, and come to a finding as to, whether they had done so.

(9) If a governor finds that an inmate has without good reason breached a rehabilitative condition, the governor must take one of the steps set out in paragraph (10).

(10) The steps referred to in paragraphs (7) and (9) are—

(a) direct that the suspended punishment will be activated;

(b) reduce the period or amount of the suspended punishment and direct that it will be activated as so reduced;

(c) vary the original suspended punishment direction by substituting for the period specified a period expiring not later than six months from the date of variation;

(d) direct that the suspended punishment will not be activated and the suspended punishment direction will remain in force.

(11) A governor may not direct that a suspended punishment be activated where the suspended punishment is in respect of an award of additional days.]

Textual Amendments

F1 Rule 63 substituted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 3(8)