PART 6SRELIGION

Practising religion or belief within prisonS

44.—(1) Subject to the provisions of the Act, these Rules and any direction made under these Rules, every prisoner is entitled to—

(a)observe the requirements and engage in the practices of their religion or belief;

(b)possess religious books, items and materials for their own personal use which are appropriate to their religion or belief;

(c)attend religious services or meetings arranged by members of the chaplaincy team; and

(d)make a request to the Governor to see, or to speak to, an appropriate member of the chaplaincy team.

(2) The Governor must—

(a)inform every prisoner of the facilities or arrangements which exist or may be made for the purposes of this rule;

(b)provide such literature and other materials as the Governor considers appropriate for the purposes of paragraph (1)(a) and (b); and

(c)as soon as practicable after a request made by a prisoner under paragraph (1)(d), notify the appropriate member of the chaplaincy team of the prisoner's request.

(3) The Governor may prevent a prisoner from attending a religious service or meeting arranged by the chaplaincy team if the Governor considers it is necessary to do so—

(a)for the maintenance of good order and discipline within the prison;

(b)in the interests of the safety of any person within the prison; or

(c)for the protection of the health of any person within the prison.

(4) Any visit to a prisoner by a member of the chaplaincy team must be held outwith the sight and hearing of an officer except where—

(a)the member or prisoner concerned requests otherwise; or

(b)the Governor considers it would be prejudicial to the interests of security or safety for an officer not to be present.

[F1Declaration of religion, belief or non-beliefS

44A.—(1) An officer must ask a prisoner upon reception to declare his or her religion, belief or non-belief.

(2) A prisoner may declare his or her religion, belief or non-belief to an officer at any time.

(3) A prisoner may change a declaration made under paragraph (2) at any time.

(4) A prisoner is not obliged to give any information to an officer about having a particular religion, belief or non-belief upon reception or at any other time.

(5) Where a prisoner declares his or her religion, belief or non-belief under paragraph (2) or (3), the Governor must inform the chaplaincy team of the declaration.

(6) A prisoner is to be treated as having a particular religion, belief or non-belief for the purposes of these Rules if the prisoner has declared his or her religion, belief or non-belief under paragraph (2) or (3).]

Textual Amendments