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The Young Offender Institution Rules 2000
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- 01/04/2001- Amendment
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- 08/12/2021
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Compulsory Testing for controlled drugs [F1, pharmacy medicines and other substances etc.] F2...E+W
53.—(1) This rule applies where an officer, acting under the powers conferred by section 16A of the Prison Act 1952 (power to test inmates for drugs) M1, requires an inmate to provide a sample for the purposes of ascertaining whether he has any controlled drug [F3, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance] F4... in his body.
(2) In this rule “sample" means a sample of urine or any other description of sample specified in the authorisation by the governor for the purposes of section 16A.
(3) When requiring an inmate to provide a sample, an officer shall, so far as is reasonably practicable, inform the inmate:
(a)that he is being required to provide a sample in accordance with section 16A of the Prison Act 1952; and
(b)that a refusal to provide a sample may lead to disciplinary proceedings being brought against him.
(4) An officer shall require an inmate to provide a fresh sample, free from any adulteration.
(5) An officer requiring a sample shall make such arrangements and give the inmate such instructions for its provision as may be reasonably necessary in order to prevent or detect its adulteration or falsification.
(6) An inmate who is required to provide a sample may be kept apart from other inmates for a period not exceeding one hour to enable arrangements to be made for the provision of the sample.
(7) An inmate who is unable to provide a sample of urine when required to do so may be kept apart from other inmates until he has provided the required sample, save that an inmate may not be kept apart under this paragraph for a period of more than five hours.
(8) An inmate required to provide a sample of urine shall be afforded such degree of privacy for the purposes of providing the sample as may be compatible with the need to prevent or detect any adulteration or falsification of the sample; in particular an inmate shall not be required to provide such a sample in the sight of a person of the opposite sex.
Textual Amendments
F1Words in rule 53 heading inserted (8.12.2021 immediately after 2021 c. 18 comes into force) by The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 3(3)(a); S.I. 2021/1280, reg. 2
F2Words in rule 53 title omitted (8.12.2021) by virtue of Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(4)(b)(i), 3(2); S.I. 2021/1280, reg. 2
F3Words in rule 53(1) inserted (8.12.2021 immediately after 2021 c. 18 comes into force) by The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 3(3)(b); S.I. 2021/1280, reg. 2
F4Words in rule 53(1) omitted (8.12.2021) by virtue of Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(4)(b)(ii), 3(2); S.I. 2021/1280, reg. 2
Marginal Citations
M1Section 16A was inserted by section 151(1) of the Criminal Justice and Public Order Act 1994 (c. 33).
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