The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2020

Amendment of the Young Offender Institution Rules 2000

3.—(1) The Young Offender Institution Rules 2000(1) are amended as follows.

(2) After rule 5 (temporary release) insert—

“Coronavirus Restricted Temporary Release

5A.— (1) During a transmission control period, the Secretary of State may, in accordance with the other provisions of this rule, temporarily release an inmate falling within a description specified in a direction made under this rule.

(2) An inmate may only be released under this rule (subject to paragraph (3)) if—

(a) a transmission control period is in effect; and

(b) the inmate is—

(i) a fixed term prisoner subject to release pursuant to section 244 of the 2003 Act; or

(ii) a fine defaulter or contemnor subject to release pursuant to section 258 of the 2003 Act; or

(iii) serving a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000(2); and

(c) the Secretary of State is satisfied that the temporary release is–

(i) for the purpose of preventing, protecting against, delaying or otherwise controlling the incidence or transmission of coronavirus; or

(ii) for the facilitation of the most appropriate deployment of personnel and resources in, or in connection with, young offender institutions in England and Wales.

(3) An inmate must not be released under this rule if—

(a) the inmate would not be eligible for release on temporary licence under the following restrictions on rule 5 of these Rules (temporary release):

(i) rule 5(1A) (inmates with a relevant deportation status);

(ii) rule 5(7) (inmates who have committed offences whilst at large following temporary release);

(iii) rule 5(9) (inmates committed or remanded);

(b) the inmate is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003.

(4) A description specified in a direction under this rule may be framed by reference to whatever matters the Secretary of State considers appropriate.

(5) An inmate may be released under this rule for any period or periods and subject to any conditions.

(6) In particular, the Secretary of State may impose a condition which requires the inmate to—

(a) report to a specified person at a specified place at a specified time;

(b) return to custody at a specified time;

(c) comply with directions issued by the Secretary of State or another person.

(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) In this rule–

“coronavirus” has the meaning given by section 1 of the 2020 Act (meaning of “coronavirus” and related terminology);

“the 2020 Act” means the Coronavirus Act 2020;

“transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.”.

(3) In rule 55(9) (offences against discipline), after “under rule 5”, insert “or rule 5A”.

(4) In rule 55(10) (offences against discipline), after “under rule 5”, insert “or rule 5A”.

(1)

S.I. 2000/3371, amended by S.I. 2014/2169. There are other amending instruments but none is relevant.

(2)

2000 c. 6. Section 100 has been amended by paragraph 111(2)(a) and (b) of Schedule 32 and paragraph 1 of Schedule 37(7) to the Criminal Justice Act 2003 (c. 44), paragraph 13 of Schedule 21 and paragraph 11 of Schedule 26 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), paragraph 5 of Schedule 5 to the Criminal Justice and Courts Act 2015 (c. 2).