xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

PART IIE+W PRISONERS

OFFENCES AGAINST DISCIPLINEE+W

Offences against disciplineE+W

51.  A prisoner is guilty of an offence against discipline if he—

(1) commits any assault;

[F1(1A) commits any assault aggravated by a protected characteristic;]

[F2(1B) commits any sexual assault;

(1C) exposes himself, or commits any other indecent or obscene act;

(1D) sexually harasses any person;]

(2) detains any person against his will;

(3) denies access to any part of the prison to any officer or any person (other than a prisoner) who is at the prison for the purpose of working there;

(4) fights with any person;

(5) intentionally endangers the health or personal safety of others or, by his conduct, is reckless whether such health or personal safety is endangered;

(6) intentionally obstructs an officer in the execution of his duty, or any person (other than a prisoner) who is at the prison for the purpose of working there, in the performance of his work;

(7) escapes or absconds from prison or from legal custody;

(8) fails to comply with any condition upon which he is temporarily released under rule 9 F3...;

[F4(9) is found with any substance in his urine which demonstrates that a controlled drug [F5, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance] F6... has, whether in prison or while on temporary release under rule 9 F7..., been administered to him by himself or by another person (but subject to rule 52);]

[F8(10) is intoxicated as a consequence of consuming any alcoholic beverage (but subject to rule 52A);]

[F9(11) consumes any alcoholic beverage whether or not provided to him by another person (but subject to rule 52A);]

(12) has in his possession—

(a)any unauthorised article, or

(b)a greater quantity of any article than he is authorised to have;

(13) sells or delivers to any person any unauthorised article;

(14) sells or, without permission, delivers to any person any article which he is allowed to have only for his own use;

(15) takes improperly any article belonging to another person or to a prison;

(16) intentionally or recklessly sets fire to any part of a prison or any other property, whether or not his own;

(17) destroys or damages any part of a prison or any other property, other than his own;

[F10(17A) causes damage to, or destruction of, any part of a prison or any other property, other than his own, aggravated by a protected characteristic;]

(18) absents himself from any place he is required to be or is present at any place where he is not authorised to be;

(19) is disrespectful to any officer, or any person (other than a prisoner) who is at the prison for the purpose of working there, or any person visiting a prison;

(20) uses threatening, abusive or insulting words or behaviour;

[F11(20A) uses threatening, abusive or insulting words or behaviour, which demonstrate, or are motivated (wholly or partly) by, hostility to persons based on them sharing a protected characteristic;]

(21) intentionally fails to work properly or, being required to work, refuses to do so;

(22) disobeys any lawful order;

(23) disobeys or fails to comply with any rule or regulation applying to him;

[F12(23A) fails to comply with any payback punishment;]

(24) receives any controlled drug [F13, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance] F14..., or, without the consent of an officer, any other article, during the course of a visit (not being an interview such as is mentioned in rule 38);

[F15(24A) displays, attaches or draws on any part of a prison, or on any other property, threatening, abusive or insulting words, drawings, symbols or other material, which demonstrate, or are motivated (wholly or partly) by, hostility to persons based on them sharing a protected characteristic;]

(25) (a) attempts to commit,

(b)incites another prisoner to commit, or

(c)assists another prisoner to commit or to attempt to commit, any of the foregoing offences.

Textual Amendments

F5Words in rule 51(9) 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), 2(4); S.I. 2021/1280, reg. 2

F13Words in rule 51(24) 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), 2(5); S.I. 2021/1280, reg. 2