The Prison Rules 1999

Defences to rule 51(9)E+W

52.  It shall be a defence for a prisoner charged with an offence under rule 51(9) to show that [F1the controlled drug, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance]:

(a)F2... F3... had been, prior to its administration, lawfully in his possession for his use or was administered to him in the course of a lawful supply of the drug [F4, medicine or substance] to him by another person;

(b)F5... F6... was administered by or to him in circumstances in which he did not know and had no reason to suspect that such a drug [F7, medicine or substance] was being administered; or

(c)F8... F9... was administered by or to him under duress or to him without his consent in circumstances where it was not reasonable for him to have resisted.

Textual Amendments

F1Words in rule 52 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(6)(a); S.I. 2021/1280, reg. 2

F2Words in rule 52(a) omitted (8.12.2021 immediately after 2021 c. 18 comes into force) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(b)(i); S.I. 2021/1280, reg. 2

F5Words in rule 52(b) omitted (8.12.2021 immediately after 2021 c. 18 comes into force) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(c)(i); S.I. 2021/1280, reg. 2

F8Words in rule 52(c) omitted (8.12.2021 immediately after 2021 c. 18 comes into force) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(d); S.I. 2021/1280, reg. 2