The Prison Rules 1999

Statutory Instruments

1999 No. 728

PRISONS

The Prison Rules 1999

Made

10th March 1999

Laid before Parliament

11th March 1999

Coming into force

1st April 1999

In exercise of the powers conferred upon me by section 47 of the Prison Act 1952(1), I hereby make the following Rules:

PART I

Citation and commencement

1.  These Rules may be cited as the Prison Rules 1999 and shall come into force on 1st April 1999.

Interpretation

2.—(1) In these Rules, where the context so admits, the expression—

“controlled drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971(2);

“convicted prisoner” means, subject to the provisions of rule 7(3), a prisoner who has been convicted or found guilty of an offence or committed or attached for contempt of court or for failing to do or abstain from doing anything required to be done or left undone, and the expression “unconvicted prisoner” shall be construed accordingly;

“governor” includes an officer for the time being in charge of a prison;

“legal adviser” means, in relation to a prisoner, his counsel or solicitor, and includes a clerk acting on behalf of his solicitor;

“officer” means an officer of a prison and, for the purposes of rule 40(2), includes a prisoner custody officer who is authorised to perform escort functions in accordance with section 89 of the Criminal Justice Act 1991(3);

“prison minister” means, in relation to a prison, a minister appointed to that prison under section 10 of the Prison Act 1952;

“short-term prisoner” and “long-term prisoner” have the meanings assigned to them by section 33(5) of the Criminal Justice Act 1991, as extended by sections 43(1) and 45(1) of that Act.

(2) In these Rules—

(a) a reference to an award of additional days means additional days awarded under these Rules by virtue of section 42 of the Criminal Justice Act 1991;

(b) a reference to the Church of England includes a reference to the Church in Wales; and

(c) a reference to a numbered rule is, unless otherwise stated, a reference to the rule of that number in these Rules and a reference in a rule to a numbered paragraph is, unless otherwise stated, a reference to the paragraph of that number in that rule.

PART II PRISONERS

GENERAL

Purpose of prison training and treatment

3.  The purpose of the training and treatment of convicted prisoners shall be to encourage and assist them to lead a good and useful life.

Outside contacts

4.—(1) Special attention shall be paid to the maintenance of such relationships between a prisoner and his family as are desirable in the best interests of both.

(2) A prisoner shall be encouraged and assisted to establish and maintain such relations with persons and agencies outside prison as may, in the opinion of the governor, best promote the interests of his family and his own social rehabilitation.

After care

5.  From the beginning of a prisoner’s sentence, consideration shall be given, in consultation with the appropriate after-care organisation, to the prisoner’s future and the assistance to be given him on and after his release.

Maintenance of order and discipline

6.—(1) Order and discipline shall be maintained with firmness, but with no more restriction than is required for safe custody and well ordered community life.

(2) In the control of prisoners, officers shall seek to influence them through their own example and leadership, and to enlist their willing co-operation.

(3) At all times the treatment of prisoners shall be such as to encourage their self-respect and a sense of personal responsibility, but a prisoner shall not be employed in any disciplinary capacity.

Classification of prisoners

7.—(1) Prisoners shall be classified, in accordance with any directions of the Secretary of State, having regard to their age, temperament and record and with a view to maintaining good order and facilitating training and, in the case of convicted prisoners, of furthering the purpose of their training and treatment as provided by rule 3.

(2) Unconvicted prisoners:

(a) shall be kept out of contact with convicted prisoners as far as the governor considers it can reasonably be done, unless and to the extent that they have consented to share residential accommodation or participate in any activity with convicted prisoners; and

(b) shall under no circumstances be required to share a cell with a convicted prisoner.

(3) Prisoners committed or attached for contempt of court, or for failing to do or abstain from doing anything required to be done or left undone:

(a) shall be treated as a separate class for the purposes of this rule;

(b) notwithstanding anything in this rule, may be permitted to associate with any other class of prisoners if they are willing to do so; and

(c) shall have the same privileges as an unconvicted prisoner under rules 20(5), 23(1) and 35(1).

(4) Nothing in this rule shall require a prisoner to be deprived unduly of the society of other persons.

Privileges

8.—(1) There shall be established at every prison systems of privileges approved by the Secretary of State and appropriate to the classes of prisoners there, which shall include arrangements under which money earned by prisoners in prison may be spent by them within the prison.

(2) Systems of privileges approved under paragraph (1) may include arrangements under which prisoners may be allowed time outside their cells and in association with one another, in excess of the minimum time which, subject to the other provisions of these Rules apart from this rule, is otherwise allowed to prisoners at the prison for this purpose.

(3) Systems of privileges approved under paragraph (1) may include arrangements under which privileges may be granted to prisoners only in so far as they have met, and for so long as they continue to meet, specified standards in their behaviour and their performance in work or other activities.

(4) Systems of privileges which include arrangements of the kind referred to in paragraph (3) shall include procedures to be followed in determining whether or not any of the privileges concerned shall be granted, or shall continue to be granted, to a prisoner; such procedures shall include a requirement that the prisoner be given reasons for any decision adverse to him together with a statement of the means by which he may appeal against it.

(5) Nothing in this rule shall be taken to confer on a prisoner any entitlement to any privilege or to affect any provision in these Rules other than this rule as a result of which any privilege may be forfeited or otherwise lost or a prisoner deprived of association with other prisoners.

Temporary release

9.—(1) The Secretary of State may, in accordance with the other provisions of this rule, release temporarily a prisoner to whom this rule applies.

(2) A prisoner may be released under this rule for any period or periods and subject to any conditions.

(3) A prisoner may only be released under this rule:

(a) on compassionate grounds or for the purpose of receiving medical treatment;

(b) to engage in employment or voluntary work;

(c) to receive instruction or training which cannot reasonably be provided in the prison;

(d) to enable him to participate in any proceedings before any court, tribunal or inquiry;

(e) to enable him to consult with his legal adviser in circumstances where it is not reasonably practicable for the consultation to take place in the prison;

(f) to assist any police officer in any enquiries;

(g) to facilitate the prisoner’s transfer between prisons;

(h) to assist him in maintaining family ties or in his transition from prison life to freedom; or

(i) to enable him to make a visit in the locality of the prison, as a privilege under rule 8.

(4) A prisoner shall not be released under this rule unless the Secretary of State is satisfied that there would not be an unacceptable risk of his committing offences whilst released or otherwise failing to comply with any condition upon which he is released.

(5) The Secretary of State shall not release under this rule a prisoner serving a sentence of imprisonment if, having regard to:

(a) the period or proportion of his sentence which the prisoner has served or, in a case where paragraph (10) does not apply to require all the sentences he is serving to be treated as a single term, the period or proportion of any such sentence he has served; and

(b) the frequency with which the prisoner has been granted temporary release under this rule,

the Secretary of State is of the opinion that the release of the prisoner would be likely to undermine public confidence in the administration of justice.

(6) If a prisoner has been temporarily released under this rule during the relevant period and has been sentenced to imprisonment for a criminal offence committed whilst at large following that release, he shall not be released under this rule unless his release, having regard to the circumstances of this conviction, would not, in the opinion of the Secretary of State, be likely to undermine public confidence in the administration of justice.

(7) For the purposes of paragraph (6), “the relevant period”:

(a) in the case of a prisoner serving a determinate sentence of imprisonment, is the period he has served in respect of that sentence, unless, notwithstanding paragraph (10), the sentences he is serving do not fall to be treated as a single term, in which case it is the period since he was last released in relation to one of those sentences under Part II of the Criminal Justice Act 1991 (“the 1991 Act”)(4);

(b) in the case of a prisoner serving an indeterminate sentence of imprisonment, is, if the prisoner has previously been released on licence under Part II of the Crime (Sentences) Act 1997(5) or Part II of the 1991 Act, the period since the date of his last recall to prison in respect of that sentence or, where the prisoner has not been so released, the period he has served in respect of that sentence; or

(c) in the case of a prisoner detained in prison for any other reason, is the period for which the prisoner has been detained for that reason;

save that where a prisoner falls within two or more of sub-paragraphs (a) to (c), the “relevant period”, in the case of that prisoner, shall be determined by whichever of the applicable sub-paragraphs produces the longer period.

(8) A prisoner released under this rule may be recalled to prison at any time whether the conditions of his release have been broken or not.

(9) This rule applies to prisoners other than persons committed in custody for trial or to be sentenced or otherwise dealt with before or by any Crown Court or remanded in custody by any court.

(10) For the purposes of any reference in this rule to a prisoner’s sentence, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if they would fall to be treated as a single term for the purposes of any reference to the term of imprisonment to which a person has been sentenced in Part II of the 1991 Act.

(11) In this rule:

(a) any reference to a sentence of imprisonment shall be construed as including any sentence to detention or custody; and

(b) any reference to release on licence or otherwise under Part II of the 1991 Act includes any release on licence under any legislation providing for early release on licence.

Information to prisoners

10.—(1) Every prisoner shall be provided, as soon as possible after his reception into prison, and in any case within 24 hours, with information in writing about those provisions of these Rules and other matters which it is necessary that he should know, including earnings and privileges, and the proper means of making requests and complaints.

(2) In the case of a prisoner aged less than 18, or a prisoner aged 18 or over who cannot read or appears to have difficulty in understanding the information so provided, the governor, or an officer deputed by him, shall so explain it to him that he can understand his rights and obligations.

(3) A copy of these Rules shall be made available to any prisoner who requests it.

Requests and complaints

11.—(1) A request or complaint to the governor or board of visitors relating to a prisoner’s imprisonment shall be made orally or in writing by the prisoner.

(2) On every day the governor shall hear any requests and complaints that are made to him under paragraph (1).

(3) A written request or complaint under paragraph (1) may be made in confidence.

WOMEN PRISONERS

Women prisoners

12.—(1) Women prisoners shall normally be kept separate from male prisoners.

(2) The Secretary of State may, subject to any conditions he thinks fit, permit a woman prisoner to have her baby with her in prison, and everything necessary for the baby’s maintenance and care may be provided there.

RELIGION

Religious denomination

13.  A prisoner shall be treated as being of the religious denomination stated in the record made in pursuance of section 10(5) of the Prison Act 1952(6) but the governor may, in a proper case and after due enquiry, direct that record to be amended.

Special duties of chaplains and prison ministers

14.—(1) The chaplain or a prison minister of a prison shall—

(a) interview every prisoner of his denomination individually soon after the prisoner’s reception into that prison and shortly before his release; and

(b) if no other arrangements are made, read the burial service at the funeral of any prisoner of his denomination who dies in that prison.

(2) The chaplain shall visit daily all prisoners belonging to the Church of England who are sick, under restraint or undergoing cellular confinement; and a prison minister shall do the same, as far as he reasonably can, for prisoners of his denomination.

(3) The chaplain shall visit any prisoner not of the Church of England who is sick, under restraint or undergoing cellular confinement, and is not regularly visited by a minister of his denomination, if the prisoner is willing.

Regular visits by ministers of religion

15.—(1) The chaplain shall visit the prisoners belonging to the Church of England.

(2) A prison minister shall visit the prisoners of his denomination as regularly as he reasonably can.

(3) Where a prisoner belongs to a denomination for which no prison minister has been appointed, the governor shall do what he reasonably can, if so requested by the prisoner, to arrange for him to be visited regularly by a minister of that denomination.

Religious services

16.—(1) The chaplain shall conduct Divine Service for prisoners belonging to the Church of England at least once every Sunday, Christmas Day and Good Friday, and such celebrations of Holy Communion and weekday services as may be arranged.

(2) Prison ministers shall conduct Divine Service for prisoners of their denominations at such times as may be arranged.

Substitute for chaplain or prison minister

17.—(1) A person approved by the Secretary of State may act for the chaplain in his absence.

(2) A prison minister may, with the leave of the Secretary of State, appoint a substitute to act for him in his absence.

Sunday work

18.  Arrangements shall be made so as not to require prisoners of the Christian religion to do any unnecessary work on Sunday, Christmas Day or Good Friday, or prisoners of other religions to do any such work on their recognised days of religious observance.

Religious books

19.  There shall, so far as reasonably practicable, be available for the personal use of every prisoner such religious books recognised by his denomination as are approved by the Secretary of State for use in prisons.

MEDICAL ATTENTION

Medical attendance

20.—(1) The medical officer of a prison shall have the care of the health, mental and physical, of the prisoners in that prison.

(2) Every request by a prisoner to see the medical officer shall be recorded by the officer to whom it is made and promptly passed on to the medical officer.

(3) The medical officer may consult a medical practitioner who is a fully registered person within the meaning of the Medical Act 1983(7). Such a practitioner may work within the prison under the general supervision of the medical officer.

(4) The medical officer shall consult another medical practitioner, if time permits, before performing any serious operation.

(5) If an unconvicted prisoner desires the attendance of a registered medical practitioner or dentist, and will pay any expense incurred, the governor shall, if he is satisfied that there are reasonable grounds for the request and unless the Secretary of State otherwise directs, allow him to be visited and treated by that practitioner or dentist in consultation with the medical officer.

(6) Subject to any directions given in the particular case by the Secretary of State, a registered medical practitioner selected by or on behalf of a prisoner who is a party to any legal proceedings shall be afforded reasonable facilities for examining him in connection with the proceedings, and may do so out of hearing but in the sight of an officer.

Special illnesses and conditions

21.—(1) The medical officer or a medical practitioner such as is mentioned in rule 20(3) shall report to the governor on the case of any prisoner whose health is likely to be injuriously affected by continued imprisonment or any conditions of imprisonment. The governor shall send the report to the Secretary of State without delay, together with his own recommendations.

(2) The medical officer or a medical practitioner such as is mentioned in rule 20(3) shall pay special attention to any prisoner whose mental condition appears to require it, and make any special arrangements which appear necessary for his supervision or care.

Notification of illness or death

22.—(1) If a prisoner dies, becomes seriously ill, sustains any severe injury or is removed to hospital on account of mental disorder, the governor shall, if he knows his or her address, at once inform the prisoner’s spouse or next of kin, and also any person who the prisoner may reasonably have asked should be informed.

(2) If a prisoner dies, the governor shall give notice immediately to the coroner having jurisdiction, to the board of visitors and to the Secretary of State.

PHYSICAL WELFARE AND WORK

Clothing

23.—(1) An unconvicted prisoner may wear clothing of his own if and in so far as it is suitable, tidy and clean, and shall be permitted to arrange for the supply to him from outside prison of sufficient clean clothing:

• Provided that, subject to rule 40(3):

  (a)

  he may be required, if and for so long as there are reasonable grounds to believe that there is a serious risk of his attempting to escape, to wear items of clothing which are distinctive by virtue of being specially marked or coloured or both; and

  (b)

  he may be required, if and for so long as the Secretary of State is of the opinion that he would, if he escaped, be highly dangerous to the public or the police or the security of the State, to wear clothing provided under this rule.

(2) Subject to paragraph (1) above, the provisions of this rule shall apply to an unconvicted prisoner as to a convicted prisoner.

(3) A convicted prisoner shall be provided with clothing adequate for warmth and health in accordance with a scale approved by the Secretary of State.

(4) The clothing provided under this rule shall include suitable protective clothing for use at work, where this is needed.

(5) Subject to rule 40(3), a convicted prisoner shall wear clothing provided under this rule and no other, except on the directions of the Secretary of State or as a privilege under rule 8.

(6) A prisoner may be provided, where necessary, with suitable and adequate clothing on his release.

Food

24.—(1) Subject to any directions of the Secretary of State, no prisoner shall be allowed, except as authorised by the medical officer or a medical practitioner such as is mentioned in rule 20(3), to have any food other than that ordinarily provided.

(2) The food provided shall be wholesome, nutritious, well prepared and served, reasonably varied and sufficient in quantity.

(3) The medical officer, a medical practitioner such as is mentioned in rule 20(3) or any person deemed by the governor to be competent, shall from time to time inspect the food both before and after it is cooked and shall report any deficiency or defect to the governor.

(4) In this rule “food” includes drink.

Alcohol and tobacco

25.—(1) No prisoner shall be allowed to have any intoxicating liquor except under a written order of the medical officer or a medical practitioner such as is mentioned in rule 20(3) specifying the quantity and the name of the prisoner.

(2) No prisoner shall be allowed to smoke or to have any tobacco except as a privilege under rule 8 and in accordance with any orders of the governor.

Sleeping accommodation

26.—(1) No room or cell shall be used as sleeping accommodation for a prisoner unless it has been certified in the manner required by section 14 of the Prison Act 1952 in the case of a cell used for the confinement of a prisoner.

(2) A certificate given under that section or this rule shall specify the maximum number of prisoners who may sleep or be confined at one time in the room or cell to which it relates, and the number so specified shall not be exceeded without the leave of the Secretary of State.

Beds and bedding

27.  Each prisoner shall be provided with a separate bed and with separate bedding adequate for warmth and health.

Hygiene

28.—(1) Every prisoner shall be provided with toilet articles necessary for his health and cleanliness, which shall be replaced as necessary.

(2) Every prisoner shall be required to wash at proper times, have a hot bath or shower on reception and thereafter at least once a week.

(3) A prisoner’s hair shall not be cut without his consent.

Physical education

29.—(1) If circumstances reasonably permit, a prisoner aged 21 years or over shall be given the opportunity to participate in physical education for at least one hour a week.

(2) The following provisions shall apply to the extent circumstances reasonably permit to a prisoner who is under 21 years of age—

(a) provision shall be made for the physical education of such a prisoner within the normal working week, as well as evening and weekend physical recreation; the physical education activities will be such as foster personal responsibility and the prisoner’s interests and skills and encourage him to make good use of his leisure on release; and

(b) arrangements shall be made for each such prisoner who is a convicted prisoner to participate in physical education for two hours a week on average.

(3) In the case of a prisoner with a need for remedial physical activity, appropriate facilities will be provided.

(4) The medical officer or a medical practitioner such as is mentioned in rule 20(3) shall decide upon the fitness of every prisoner for physical education and remedial physical activity and may excuse a prisoner from, or modify, any such education or activity on medical grounds.

Time in the open air

30.  If the weather permits and subject to the need to maintain good order and discipline, a prisoner shall be given the opportunity to spend time in the open air at least once every day, for such period as may be reasonable in the circumstances.

Work

31.—(1) A convicted prisoner shall be required to do useful work for not more than 10 hours a day, and arrangements shall be made to allow prisoners to work, where possible, outside the cells and in association with one another.

(2) The medical officer or a medical practitioner such as is mentioned in rule 20(3) may excuse a prisoner from work on medical grounds, and no prisoner shall be set to do work which is not of a class for which he has been passed by the medical officer or by a medical practitioner such as is mentioned in rule 20(3) as being fit.

(3) No prisoner shall be set to do work of a kind not authorised by the Secretary of State.

(4) No prisoner shall work in the service of another prisoner or an officer, or for the private benefit of any person, without the authority of the Secretary of State.

(5) An unconvicted prisoner shall be permitted, if he wishes, to work as if he were a convicted prisoner.

(6) Prisoners may be paid for their work at rates approved by the Secretary of State, either generally or in relation to particular cases.

EDUCATION AND LIBRARY

Education

32.—(1) Every prisoner able to profit from the education facilities provided at a prison shall be encouraged to do so.

(2) Educational classes shall be arranged at every prison and, subject to any directions of the Secretary of State, reasonable facilities shall be afforded to prisoners who wish to do so to improve their education by training by distance learning, private study and recreational classes, in their spare time.

(3) Special attention shall be paid to the education and training of prisoners with special educational needs, and if necessary they shall be taught within the hours normally allotted to work.

(4) In the case of a prisoner of compulsory school age as defined in section 8 of the Education Act 1996(8), arrangements shall be made for his participation in education or training courses for at least 15 hours a week within the normal working week.

Library

33.  A library shall be provided in every prison and, subject to any directions of the Secretary of State, every prisoner shall be allowed to have library books and to exchange them.

COMMUNICATIONS

Communications generally

34.—(1) The Secretary of State may, with a view to securing discipline and good order or the prevention of crime or in the interests of any persons, impose restrictions, either generally or in a particular case, upon the letters or other communications to be permitted between a prisoner and other persons.

(2) Without prejudice to the generality of paragraph (1), the Secretary of State may require that any visit, or class of visits, shall be held in facilities which include special features restricting or preventing physical contact between a prisoner and a visitor.

(3) Without prejudice to sections 6 and 9 of the Prison Act 1952(9), and except as provided by these Rules, a prisoner shall not be permitted to communicate with any outside person, or that person with him, without the leave of the Secretary of State or as a privilege under rule 8.

(4) Except as provided by these Rules, every letter or other communication to or from a prisoner may be read, listened to, logged, recorded or examined by the governor or an officer deputed by him, and the governor may, at his discretion, stop any letter or other communication on the ground that its contents are objectionable or that it is of inordinate length.

(5) Every visit to a prisoner shall take place within the sight of an officer, unless the Secretary of State otherwise directs.

(6) Except as provided by these Rules, every visit to a prisoner shall take place within the hearing of an officer, unless the Secretary of State otherwise directs.

(7) The Secretary of State may give directions, generally or in relation to any visit or class of visits, concerning the day and times when prisoners may be visited.

(8) In this rule:

• “communications” includes communications during or by means of visits or by means of a telecommunications system or telecommunications apparatus, and “telecommunications apparatus” has the meaning assigned by paragraph 1 of Schedule 2 to the Telecommunications Act 1984(10).

Personal letters and visits

35.—(1) Subject to paragraph (8), an unconvicted prisoner may send and receive as many letters and may receive as many visits as he wishes within such limits and subject to such conditions as the Secretary of State may direct, either generally or in a particular case.

(2) Subject to paragraph (8), a convicted prisoner shall be entitled—

(a) to send and to receive a letter on his reception into a prison and thereafter once a week; and

(b) to receive a visit twice in every period of four weeks, but only once in every such period if the Secretary of State so directs.

(3) The governor may allow a prisoner an additional letter or visit as a privilege under rule 8 or where necessary for his welfare or that of his family.

(4) The governor may allow a prisoner entitled to a visit to send and to receive a letter instead.

(5) The governor may defer the right of a prisoner to a visit until the expiration of any period of cellular confinement.

(6) The board of visitors may allow a prisoner an additional letter or visit in special circumstances, and may direct that a visit may extend beyond the normal duration.

(7) The Secretary of State may allow additional letters and visits in relation to any prisoner or class of prisoners.

(8) A prisoner shall not be entitled under this rule to receive a visit from:

(a) any person, whether or not a relative or friend, during any period of time that person is the subject of a prohibition imposed under rule 73; or

(b) any other person, other than a relative or friend, except with the leave of the Secretary of State.

(9) Any letter or visit under the succeeding provisions of these Rules shall not be counted as a letter or visit for the purposes of this rule.

Police interviews

36.  A police officer may, on production of an order issued by or on behalf of a chief officer of police, interview any prisoner willing to see him.

Securing release

37.  A person detained in prison in default of finding a surety, or of payment of a sum of money, may communicate with and be visited at any reasonable time on a weekday by any relative or friend to arrange for a surety or payment in order to secure his release from prison.

Legal advisers

38.—(1) The legal adviser of a prisoner in any legal proceedings, civil or criminal, to which the prisoner is a party shall be afforded reasonable facilities for interviewing him in connection with those proceedings, and may do so out of hearing but in the sight of an officer.

(2) A prisoner’s legal adviser may, subject to any directions given by the Secretary of State, interview the prisoner in connection with any other legal business out of hearing but in the sight of an officer.

Correspondence with legal advisers and courts

39.—(1) A prisoner may correspond with his legal adviser and any court and such correspondence may only be opened, read or stopped by the governor in accordance with the provisions of this rule.

(2) Correspondence to which this rule applies may be opened if the governor has reasonable cause to believe that it contains an illicit enclosure and any such enclosures shall be dealt with in accordance with the other provision of these Rules.

(3) Correspondence to which this rule applies may be opened, read and stopped if the governor has reasonable cause to believe its contents endanger prison security or the safety of others or are otherwise of a criminal nature.

(4) A prisoner shall be given the opportunity to be present when any correspondence to which this rule applies is opened and shall be informed if it or any enclosure is to be read or stopped.

(5) A prisoner shall on request be provided with any writing materials necessary for the purposes of paragraph (1).

(6) In this rule, “court” includes the European Commission of Human Rights, the European Court of Human Rights and the European Court of Justice; and “illicit enclosure” includes any article possession of which has not been authorised in accordance with the other provisions of these Rules and any correspondence to or from a person other than the prisoner concerned, his legal adviser or a court.

REMOVAL, SEARCH, RECORD AND PROPERTY

Custody outside prison

40.—(1) A person being taken to or from a prison in custody shall be exposed as little as possible to public observation, and proper care shall be taken to protect him from curiosity and insult.

(2) A prisoner required to be taken in custody anywhere outside a prison shall be kept in the custody of an officer appointed or a police officer.

(3) A prisoner required to be taken in custody to any court shall, when he appears before the court, wear his own clothing or ordinary civilian clothing provided by the governor.

Search

41.—(1) Every prisoner shall be searched when taken into custody by an officer, on his reception into a prison and subsequently as the governor thinks necessary or as the Secretary of State may direct.

(2) A prisoner shall be searched in as seemly a manner as is consistent with discovering anything concealed.

(3) No prisoner shall be stripped and searched in the sight of another prisoner, or in the sight of a person of the opposite sex.

Record and photograph

42.—(1) A personal record of each prisoner shall be prepared and maintained in such manner as the Secretary of State may direct.

(2) Every prisoner may be photographed on reception and subsequently, but no copy of the photograph shall be given to any person not authorised to receive it.

Prisoners' property

43.—(1) Subject to any directions of the Secretary of State, an unconvicted prisoner may have supplied to him at his expense and retain for his own use books, newspapers, writing materials and other means of occupation, except any that appears objectionable to the board of visitors or, pending consideration by them, to the governor.

(2) Anything, other than cash, which a prisoner has at a prison and which he is not allowed to retain for his own use shall be taken into the governor’s custody. An inventory of a prisoner’s property shall be kept, and he shall be required to sign it, after having a proper opportunity to see that it is correct.

(3) Any cash which a prisoner has at a prison shall be paid into an account under the control of the governor and the prisoner shall be credited with the amount in the books of the prison.

(4) Any article belonging to a prisoner which remains unclaimed for a period of more than 3 years after he leaves prison, or dies, may be sold or otherwise disposed of; and the net proceeds of any sale shall be paid to the National Association for the Care and Resettlement of Offenders, for its general purposes.

(5) The governor may confiscate any unauthorised article found in the possession of a prisoner after his reception into prison, or concealed or deposited anywhere within a prison.

Money and articles received by post

44.—(1) Any money or other article (other than a letter or other communication) sent to a convicted prisoner through the post office shall be dealt with in accordance with the provisions of this rule, and the prisoner shall be informed of the manner in which it is dealt with.

(2) Any cash shall, at the discretion of the governor, be—

(a) dealt with in accordance with rule 43(3);

(b) returned to the sender; or

(c) in a case where the sender’s name and address are not known, paid to the National Association for the Care and Resettlement of Offenders, for its general purposes:

• Provided that in relation to a prisoner committed to prison in default of payment of any sum of money, the prisoner shall be informed of the receipt of the cash and, unless he objects to its being so applied, it shall be applied in or towards the satisfaction of the amount due from him.

(3) Any security for money shall, at the discretion of the governor, be—

(a) delivered to the prisoner or placed with his property at the prison;

(b) returned to the sender; or

(c) encashed and the cash dealt with in accordance with paragraph (2).

(4) Any other article to which this rule applies shall, at the discretion of the governor, be—

(a) delivered to the prisoner or placed with his property at the prison;

(b) returned to the sender; or

(c) in a case where the sender’s name and address are not known or the article is of such a nature that it would be unreasonable to return it, sold or otherwise disposed of, and the net proceeds of any sale applied in accordance with paragraph (2).

SPECIAL CONTROL, SUPERVISION AND RESTRAINT AND DRUG TESTING

Removal from association

45.—(1) Where it appears desirable, for the maintenance of good order or discipline or in his own interests, that a prisoner should not associate with other prisoners, either generally or for particular purposes, the governor may arrange for the prisoner’s removal from association accordingly.

(2) A prisoner shall not be removed under this rule for a period of more than 3 days without the authority of a member of the board of visitors or of the Secretary of State. An authority given under this paragraph shall be for a period not exceeding one month, but may be renewed from month to month except that, in the case of a person aged less than 21 years who is detained in prison such an authority shall be for a period not exceeding 14 days, but may be renewed from time to time for a like period.

(3) The governor may arrange at his discretion for such a prisoner as aforesaid to resume association with other prisoners, and shall do so if in any case the medical officer or a medical practitioner such as is mentioned in rule 20(3) so advises on medical grounds.

(4) This rule shall not apply to a prisoner the subject of a direction given under rule 46(1).

Close supervision centres

46.—(1) Where it appears desirable, for the maintenance of good order or discipline or to ensure the safety of officers, prisoners or any other person, that a prisoner should not associate with other prisoners, either generally or for particular purposes, the Secretary of State may direct the prisoner’s removal from association accordingly and his placement in a close supervision centre of a prison.

(2) A direction given under paragraph (1) shall be for a period not exceeding one month, but may be renewed from time to time for a like period.

(3) The Secretary of State may direct that such a prisoner as aforesaid shall resume association with other prisoners, either within a close supervision centre or elsewhere.

(4) In exercising any discretion under this rule, the Secretary of State shall take account of any relevant medical considerations which are known to him.

Use of force

47.—(1) An officer in dealing with a prisoner shall not use force unnecessarily and, when the application of force to a prisoner is necessary, no more force than is necessary shall be used.

(2) No officer shall act deliberately in a manner calculated to provoke a prisoner.

Temporary confinement

48.—(1) The governor may order a refractory or violent prisoner to be confined temporarily in a special cell, but a prisoner shall not be so confined as a punishment, or after he has ceased to be refractory or violent.

(2) A prisoner shall not be confined in a special cell for longer than 24 hours without a direction in writing given by a member of a board of visitors or by an officer of the Secretary of State (not being an officer of a prison). Such a direction shall state the grounds for the confinement and the time during which it may continue.

Restraints

49.—(1) The governor may order a prisoner to be put under restraint where this is necessary to prevent the prisoner from injuring himself or others, damaging property or creating a disturbance.

(2) Notice of such an order shall be given without delay to a member of the board of visitors, and to the medical officer or to a medical practitioner such as is mentioned in rule 20(3).

(3) On receipt of the notice, the medical officer, or the medical practitioner referred to in paragraph (2), shall inform the governor whether there are any medical reasons why the prisoner should not be put under restraint. The governor shall give effect to any recommendation which may be made under this paragraph.

(4) A prisoner shall not be kept under restraint longer than necessary, nor shall he be so kept for longer than 24 hours without a direction in writing given by a member of the board of visitors or by an officer of the Secretary of State (not being an officer of a prison). Such a direction shall state the grounds for the restraint and the time during which it may continue.

(5) Particulars of every case of restraint under the foregoing provisions of this rule shall be forthwith recorded.

(6) Except as provided by this rule no prisoner shall be put under restraint otherwise than for safe custody during removal, or on medical grounds by direction of the medical officer or of a medical practitioner such as is mentioned in rule 20(3). No prisoner shall be put under restraint as a punishment.

(7) Any means of restraint shall be of a pattern authorised by the Secretary of State, and shall be used in such manner and under such conditions as the Secretary of State may direct.

Compulsory testing for controlled drugs

50.—(1) This rule applies where an officer, acting under the powers conferred by section 16A of the Prison Act 1952(11) (power to test prisoners for drugs), requires a prisoner to provide a sample for the purpose of ascertaining whether he has any controlled drug 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 of the Prison Act 1952.

(3) When requiring a prisoner to provide a sample, an officer shall, so far as is reasonably practicable, inform the prisoner:

(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 a prisoner to provide a fresh sample, free from any adulteration.

(5) An officer requiring a sample shall make such arrangements and give the prisoner such instructions for its provision as may be reasonably necessary in order to prevent or detect its adulteration or falsification.

(6) A prisoner who is required to provide a sample may be kept apart from other prisoners for a period not exceeding one hour to enable arrangements to be made for the provision of the sample.

(7) A prisoner who is unable to provide a sample of urine when required to do so may be kept apart from other prisoners until he has provided the required sample, save that a prisoner may not be kept apart under this paragraph for a period of more than 5 hours.

(8) A prisoner 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 a prisoner shall not be required to provide such a sample in the sight of a person of the opposite sex.

OFFENCES AGAINST DISCIPLINE

Offences against discipline

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

(1) commits any assault;

(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;

(9) administers a controlled drug to himself or fails to prevent the administration of a controlled drug to him by another person (but subject to rule 52);

(10) is intoxicated as a consequence of knowingly consuming any alcoholic beverage;

(11) knowingly consumes any alcoholic beverage other than that provided to him pursuant to a written order under rule 25(1);

(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;

(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;

(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;

(24) receives any controlled drug, 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);

(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.

Defences to rule 51(9)

52.  It shall be a defence for a prisoner charged with an offence under rule 51(9) to show that:

(a) the controlled drug 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 to him by another person;

(b) the controlled drug was administered by or to him in circumstances in which he did not know and had no reason to suspect that such a drug was being administered; or

(c) the controlled drug 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.

Disciplinary charges

53.—(1) Where a prisoner is to be charged with an offence against discipline, the charge shall be laid as soon as possible and, save in exceptional circumstances, within 48 hours of the discovery of the offence.

(2) Every charge shall be inquired into by the governor.

(3) Every charge shall be first inquired into not later, save in exceptional circumstances, than the next day, not being a Sunday or public holiday, after it is laid.

(4) A prisoner who is to be charged with an offence against discipline may be kept apart from other prisoners pending the governor’s first inquiry.

Rights of prisoners charged

54.—(1) Where a prisoner is charged with an offence against discipline, he shall be informed of the charge as soon as possible and, in any case, before the time when it is inquired into by the governor.

(2) At an inquiry into a charge against a prisoner he shall be given a full opportunity of hearing what is alleged against him and of presenting his own case.

Governor’s punishments

55.—(1) If he finds a prisoner guilty of an offence against discipline the governor may, subject to paragraph (2) and to rule 57, impose one or more of the following punishments:

(a) caution;

(b) forfeiture for a period not exceeding 42 days of any of the privileges under rule 8;

(c) exclusion from associated work for a period not exceeding 21 days;

(d) stoppage of or deduction from earnings for a period not exceeding 84 days and of an amount not exceeding 42 days earnings;

(e) cellular confinement for a period not exceeding 14 days;

(f) in the case of a short-term or long-term prisoner, an award of additional days not exceeding 42 days;

(g) in the case of a prisoner otherwise entitled to them, forfeiture for any period of the right, under rule 43(1), to have the articles there mentioned.

(2) An award of a caution shall not be combined with any other punishment for the same charge.

(3) If a prisoner is found guilty of more than one charge arising out of an incident, punishments under this rule may be ordered to run consecutively but, in the case of an award of additional days, the total period added shall not exceed 42 days and, in the case of an award of cellular confinement, the total period shall not exceed 14 days.

(4) In imposing a punishment under this rule, the governor shall take into account any guidelines that the Secretary of State may from time to time issue as to the level of punishment that should normally be imposed for a particular offence against discipline.

Forfeiture of remission to be treated as an award of additional days

56.—(1) In this rule, “existing prisoner” and “existing licensee” have the meanings assigned to them by paragraph 8(1) of Schedule 12 to the Criminal Justice Act 1991(12).

(2) In relation to any existing prisoner or existing licensee who has forfeited any remission of his sentence, the provisions of Part II of the Criminal Justice Act 1991 shall apply as if he had been awarded such number of additional days as equals the numbers of days of remission which he has forfeited.

Offences committed by young persons

57.—(1) In the case of an offence against discipline committed by an inmate who was under the age of 21 when the offence was committed (other than an offender in relation to whom the Secretary of State has given a direction under section 13(1) of the Criminal Justice Act 1982(13) that he shall be treated as if he had been sentenced to imprisonment) rule 55 shall have effect, but—

(a) the maximum period of forfeiture of privileges under rule 8 shall be 21 days;

(b) the maximum period of stoppage of or deduction from earnings shall be 42 days and the maximum amount shall be 21 days;

(c) the maximum period of cellular confinement shall be 7 days.

(2) In the case of an inmate who has been sentenced to a term of youth custody or detention in a young offender institution, and by virtue of a direction of the Secretary of State under section 13 of the Criminal Justice Act 1982, is treated as if he had been sentenced to imprisonment for that term, any punishment imposed on him for an offence against discipline before the said direction was given shall, if it has not been exhausted or remitted, continue to have effect as if made pursuant to rule 55.

Cellular confinement

58.  When it is proposed to impose a punishment of cellular confinement, the medical officer, or a medical practitioner such as is mentioned in rule 20(3), shall inform the governor whether there are any medical reasons why the prisoner should not be so dealt with. The governor shall give effect to any recommendation which may be made under this rule.

Prospective award of additional days

59.—(1) Subject to paragraph (2), where an offence against discipline is committed by a prisoner who is detained only on remand, additional days may be awarded notwithstanding that the prisoner has not (or had not at the time of the offence) been sentenced.

(2) An award of additional days under paragraph (1) shall have effect only if the prisoner in question subsequently becomes a short-term or long-term prisoner whose sentence is reduced, under section 67 of the Criminal Justice Act 1967(14), by a period which includes the time when the offence against discipline was committed.

Suspended punishments

60.—(1) Subject to any directions given by the Secretary of State, the power to impose a disciplinary punishment (other than a caution) shall include power to direct that the punishment is not to take effect unless, during a period specified in the direction (not being more than six months from the date of the direction), the prisoner commits another offence against discipline and a direction is given under paragraph (2).

(2) Where a prisoner commits an offence against discipline during the period specified in a direction given under paragraph (1) the person dealing with that offence may—

(a) direct that the suspended punishment shall take effect;

(b) reduce the period or amount of the suspended punishment and direct that it shall take effect as so reduced;

(c) vary the original direction by substituting for the period specified a period expiring not later than six months from the date of variation; or

(d) give no direction with respect to the suspended punishment.

Remission and mitigation of punishments and quashing of findings of guilt

61.—(1) The Secretary of State may quash any finding of guilt and may remit any punishment or mitigate it either by reducing it or by substituting another award which is, in his opinion, less severe.

(2) Subject to any directions given by the Secretary of State, the governor may remit or mitigate any punishment imposed by a governor or the board of visitors.

PART III OFFICERS OR PRISONS

General duty of officers

62.—(1) It shall be the duty of every officer to conform to these Rules and the rules and regulations of the prison, to assist and support the governor in their maintenance and to obey his lawful instructions.

(2) An officer shall inform the governor promptly of any abuse or impropriety which comes to his knowledge.

Gratuities forbidden

63.  No officer shall receive any unauthorised fee, gratuity or other consideration in connection with his office.

Search of officers

64.  An officer shall submit himself to be searched in the prison if the governor so directs. Any such search shall be conducted in as seemly a manner as is consistent with discovering anything concealed.

Transactions with prisoners

65.—(1) No officer shall take part in any business or pecuniary transaction with or on behalf of a prisoner without the leave of the Secretary of State.

(2) No officer shall without authority bring in or take out, or attempt to bring in or take out, or knowingly allow to be brought in or taken out, to or for a prisoner, or deposit in any place with intent that it shall come into the possession of a prisoner, any article whatsoever.

Contact with former prisoners

66.  No officer shall, without the knowledge of the governor, communicate with any person whom he knows to be a former prisoner or a relative or friend of a prisoner or former prisoner.

Communications to the press

67.—(1) No officer shall make, directly or indirectly, any unauthorised communication to a representative of the press or any other person concerning matters which have become known to him in the course of his duty.

(2) No officer shall, without authority, publish any matter or make any public pronouncement relating to the administration of any institution to which the Prison Act 1952 applies or to any of its inmates.

Code of discipline

68.  The Secretary of State may approve a code of discipline to have effect in relation to officers, or such classes of officers as it may specify, setting out the offences against discipline, the awards which may be made in respect of them and the procedure for dealing with charges.

Emergencies

69.  Where any constable or member of the armed forces of the Crown is employed by reason of any emergency to assist the governor of a prison by performing duties ordinarily performed by an officer of a prison, any reference in Part II of these Rules to such an officer (other than a governor) shall be construed as including a reference to a constable or a member of the armed forces of the Crown so employed.

PART IV PERSONS HAVING ACCESS TO A PRISON

Prohibited articles

70.  No person shall, without authority, convey into or throw into or deposit in a prison, or convey or throw out of a prison, or convey to a prisoner, or deposit in any place with intent that it shall come into the possession of a prisoner, any money, clothing, food, drink, tobacco, letter, paper, book, tool, controlled drug, firearm, explosive, weapon or other article whatever. Anything so conveyed, thrown or deposited may be confiscated by the governor.

Control of persons and vehicles

71.—(1) Any person or vehicle entering or leaving a prison may be stopped, examined and searched. Any such search of a person shall be carried out in as seemly a manner as is consistent with discovering anything concealed.

(2) The governor may direct the removal from a prison of any person who does not leave on being required to do so.

Viewing of prisons

72.—(1) No outside person shall be permitted to view a prison unless authorised by statute or the Secretary of State.

(2) No person viewing the prison shall be permitted to take a photograph, make a sketch or communicate with a prisoner unless authorised by statute or the Secretary of State.

Visitors

73.—(1) Without prejudice to any other powers to prohibit or restrict entry to prisons, and to his powers under rules 34 and 35, the Secretary of State may, with a view to securing discipline and good order or the prevention of crime or in the interests of any persons, impose prohibitions on visits by a person to a prison or to a prisoner in a prison for such periods of time as he considers necessary.

(2) Paragraph (1) shall not apply in relation to any visit to a prison or prisoner by a member of the board of visitors of the prison, or justice of the peace, or to prevent any visit by a legal adviser for the purposes of an interview under rule 38 or visit allowed by the board of visitors under rule 35(6).

PART V BOARDS OF VISITORS

Disqualification for membership

74.  Any person, directly or indirectly interested in any contract for the supply of goods and services to a prison, shall not be a member of the board of visitors for that prison and any member who becomes so interested in such a contract shall vacate office as a member.

Board of visitors

75.—(1) A member of the board of visitors for a prison appointed by the Secretary of State under section 6(2) of the Prison Act 1952(15) shall subject to paragraphs (3) and (4) hold office for three years, or such lesser period as the Secretary of State may appoint.

(2) A member—

(a) appointed for the first time to the board of visitors for a particular prison; or

(b) reappointed to the board following a gap of a year or more in his membership of it,

shall, during the period of 12 months following the date on which he is so appointed or (as the case may be) reappointed, undertake such training as may reasonably be required by the Secretary of State.

(3) The Secretary of State may terminate the appointment of a member if he is satisfied that—

(a) he has failed satisfactorily to perform his duties;

(b) he has failed to undertake training he has been required to undertake under paragraph (2), by the end of the period specified in that paragraph;

(c) he is by reason of physical or mental illness, or for any other reason, incapable of carrying out his duties;

(d) he has been convicted of such a criminal offence, or his conduct has been such, that it is not in the Secretary of State’s opinion fitting that he should remain a member; or

(e) there is, or appears to be or could appear to be, any conflict of interest between the member performing his duties as a member and any interest of that member, whether personal, financial or otherwise.

(4) Where the Secretary of State:

(a) has reason to suspect that a member of the board of visitors for a prison may have so conducted himself that his appointment may be liable to be terminated under paragraph (3)(a) or (d); and

(b) is of the opinion that the suspected conduct is of such a serious nature that the member cannot be permitted to continue to perform his functions as a member of the board pending the completion of the Secretary of State’s investigations into the matter and any decision as to whether the member’s appointment should be terminated,

he may suspend the member from office for such period or periods as he may reasonably require in order to complete his investigations and determine whether or not the appointment of the member should be so terminated; and a member so suspended shall not, during the period of his suspension, be regarded as being a member of the board, other than for the purposes of this paragraph and paragraphs (1) and (3).

(5) A board shall have a chairman and a vice chairman who shall be members of the board.

(6) The Secretary of State shall—

(a) upon the constitution of a board for the first time, appoint a chairman and a vice chairman to hold office for a period not exceeding twelve months;

(b) thereafter appoint, before the date of the first meeting of the board in any year of office of the board, a chairman and vice chairman for that year, having first consulted the board; and

(c) promptly fill, after first having consulted the board, any casual vacancy in the office of chairman or vice chairman.

(7) The Secretary of State may terminate the appointment of a member as chairman or vice chairman of the board if he is satisfied that the member has—

(a) failed satisfactorily to perform his functions as chairman (or as the case may be) vice chairman;

(b) has grossly misconducted himself while performing those functions.

Proceedings of boards

76.—(1) The board of visitors for a prison shall meet at the prison once a month or, if they resolve for reasons specified in the resolution that less frequent meetings are sufficient, not fewer than eight times in twelve months.

(2) The board may fix a quorum of not fewer than three members for proceedings.

(3) The board shall keep minutes of their proceedings.

(4) The proceedings of the board shall not be invalidated by any vacancy in the membership or any defect in the appointment of a member.

General duties of boards

77.—(1) The board of visitors for a prison shall satisfy themselves as to the state of the prison premises, the administration of the prison and the treatment of the prisoners.

(2) The board shall inquire into and report upon any matter into which the Secretary of State asks them to inquire.

(3) The board shall direct the attention of the governor to any matter which calls for his attention, and shall report to the Secretary of State any matter which they consider it expedient to report.

(4) The board shall inform the Secretary of State immediately of any abuse which comes to their knowledge.

(5) Before exercising any power under these Rules the board and any member of the board shall consult the governor in relation to any matter which may affect discipline.

Particular duties

78.—(1) The board of visitors for a prison and any member of the board shall hear any complaint or request which a prisoner wishes to make to them or him.

(2) The board shall arrange for the food of the prisoners to be inspected by a member of the board at frequent intervals.

(3) The board shall inquire into any report made to them, whether or not by a member of the board, that a prisoner’s health, mental or physical, is likely to be injuriously affected by any conditions of his imprisonment.

Members visiting prisons

79.—(1) The members of the board of visitors for a prison shall visit the prison frequently, and the board shall arrange a rota whereby at least one of its members visits the prison between meetings of the board.

(2) A member of the board shall have access at any time to every part of the prison and to every prisoner, and he may interview any prisoner out of the sight and hearing of officers.

(3) A member of the board shall have access to the records of the prison.

Annual report

80.—(1) The board of visitors for a prison shall, in accordance with paragraphs (2) and (3) below, from time to time make a report to the Secretary of State concerning the state of the prison and its administration, including in it any advice and suggestions they consider appropriate.

(2) The board shall comply with any directions given to them from time to time by the Secretary of State as to the following matters:

(a) the period to be covered by a report under paragraph (1);

(b) the frequency with which such a report is to be made; and

(c) the length of time from the end of the period covered by such a report within which it is to be made;

either in respect of a particular report or generally; providing that no directions may be issued under this paragraph if they would have the effect of requiring a board to make or deliver a report less frequently than once in every 12 months.

(3) Subject to any directions given to them under paragraph (2), the board shall, under paragraph (1), make an annual report to the Secretary of State as soon as reasonably possible after 31st December each year, which shall cover the period of 12 months ending on that date or, in the case of a board constituted for the first time during that period, such part of that period during which the board has been in existence.

PART VI SUPPLEMENTAL

Delegation by governor

81.  The governor of a prison may, with the leave of the Secretary of State, delegate any of his powers and duties under these Rules to another officer of that prison.

Contracted out prisons

82.—(1) Where the Secretary of State has entered into a contract for the running of a prison under section 84 of the Criminal Justice Act 1991(16) (“the 1991 Act”) these Rules shall have effect in relation to that prison with the following modifications—

(a) references to an officer in the Rules shall include references to a prisoner custody officer certified as such under section 89(1) of the 1991 Act and performing custodial duties;

(b) references to a governor in the Rules shall include references to a director approved by the Secretary of State for the purposes of section 85(1)(a) of the 1991 Act except—

(i) in rules 45, 48, 49, 53, 54, 55, 61 and 81 where references to a governor shall include references to a controller appointed by the Secretary of State under section 85(1)(b) of the 1991 Act, and

(ii) in rules 62(1), 66 and 77 where references to a governor shall include references to the director and the controller;

(c) rule 68 shall not apply in relation to a prisoner custody officer certified as such under section 89(1) of the 1991 Act and performing custodial duties.

(2) Where a director exercises the powers set out in section 85(3) (b) of the 1991 Act (removal from association, temporary confinement and restraints) in cases of urgency, he shall notify the controller of that fact forthwith.

Contracted out parts of prisons

83.  Where the Secretary of State has entered into a contract for the running of part of a prison under section 84(1) of the Criminal Justice Act 1991, that part and the remaining part shall each be treated for the purposes of Parts II to IV and Part VI of these Rules as if they were separate prisons.

Contracted out functions at directly managed prisons

84.—(1) Where the Secretary of State has entered into a contract under section 88A(1) of the Criminal Justice Act 1991 (“the 1991 Act”) for any functions at a directly managed prison to be performed by prisoner custody officers who are authorised to perform custodial duties under section 89(1) of the 1991 Act, references to an officer in these Rules shall, subject to paragraph (2), include references to a prisoner custody officer who is so authorised and who is performing contracted out functions for the purposes of, or for purposes connected with, the prison.

(2) Paragraph (1) shall not apply to references to an officer in rule 68.

(3) In this rule, “directly managed prison” has the meaning assigned to it by section 88A(5) of the 1991 Act.

Revocations and savings

85.—(1) Subject to paragraphs (2) and (3) below, the Rules specified in the Schedule to these Rules are hereby revoked.

(2) Without prejudice to the Interpretation Act 1978(17), where a prisoner committed an offence against discipline contrary to rule 47 of the Prison Rules 1964(18) prior to the coming into force of these Rules, those rules shall continue to have effect to permit the prisoner to be charged with such an offence, disciplinary proceedings in relation to such an offence to be continued, and the governor to impose punishment for such an offence.

(3) Without prejudice to the Interpretation Act 1978, any award of additional days or other punishment or suspended punishment for an offence against discipline awarded or imposed under any provision of the rules revoked by this rule, or those rules as saved by paragraph (2), or treated by any such provision as having been awarded or imposed under the rules revoked by this rule, shall have effect as if awarded or imposed under the corresponding provision of these Rules.

Jack Straw

One of Her Majesty’s Principal Secretaries of State

Home Office

10th March 1999

Rule 85

SCHEDULE

Rules Revoked	S.I. number
The Prison Rules 1964	1964/388
The Prison (Amendment) Rules 1968	1968/440
The Prison (Amendment) Rules 1971	1971/2019
The Prison (Amendment) Rules 1972	1972/1860
The Prison (Amendment) Rules 1974	1974/713
The Prison (Amendment) Rules 1976	1976/503
The Prison (Amendment) Rules 1981	1981/70
The Prison (Amendment) Rules 1982	1982/260
The Prison (Amendment) Rules 1983	1983/568
The Prison (Amendment) Rules 1987	1987/1256
The Prison (Amendment) Rules 1988	1988/89
The Prison (Amendment) (No. 2) Rules 1988	1988/747
The Prison (Amendment) (No. 3) Rules 1988	1988/1421
The Prison (Amendment) Rules 1989	1989/330
The Prison (Amendment) (No. 2) Rules 1989	1989/2141
The Prison (Amendment) Rules 1990	1990/1762
The Prison (Amendment) Rules 1992	1992/514
The Prison (Amendment) (No. 2) Rules 1992	1992/2080
The Prison (Amendment) Rules 1993	1993/516
The Prison (Amendment) (No. 2) Rules 1993	1993/3075
The Prison (Amendment) Rules 1994	1994/3195
The Prison (Amendment) Rules 1995	1995/983
The Prison (Amendment) (No. 2) Rules 1995	1995/1598
The Prison (Amendment) Rules 1996	1996/1663
The Prison (Amendment) Rules 1998	1998/23
The Prison (Amendment) (No. 2) Rules 1998	1998/1544

Explanatory Note

(This note is not part of the Rules)

These Rules make provision for the management of prisons, including the treatment of prisoners, the conduct of prison officers and the powers and duties of boards of visitors. They revoke and replace the Prison Rules 1964 (S.I. 1964/388), as amended.

The provisions of the new Rules generally re-enact those of the previous Rules, but certain modifications have been made to the latter. The principal changes of substance are listed below.

Provision is made to provide for the possibility of distance learning in rule 32 (Education).

In rule 34 (Communications) references to restrictions on telecommunications and visits have been added.

A search under rule 41(3) shall not take place in the sight of a person of the opposite sex. Any confinement in a special cell which lasts beyond 24 hours has to be authorised by a member of the board of visitors (rule 48).

In rule 51 (Offences against discipline) a new offence of receiving an article or controlled drugs during a visit has been added, and the general offence of “in any way offends against good order and discipline” has been removed.

Rule 55 (Governor’s punishments) has been changed so that a caution shall not be combined with any other punishment and the total award of cellular confinement shall not exceed 14 days, and the Secretary of State has been given a power to issue guidelines for punishments.

Rule 73 (Visitors) adds powers to prohibit certain visitors.

Rules 74 and 75 (Boards of visitors) have been changed so as to amplify the circumstances in which a person is prohibited from being a member of a board of visitors and to give to the Secretary of State a discretion to terminate the appointment of a board member with a conflict of interest.

In addition to these and other minor changes, certain provisions from the Prison Rules 1964 are omitted as obsolete, for example, the rules dealing with prisoners under sentence of death.

(1)

1952 c. 52; section 47 was affected by an amendment to section 52(2) of that Act by section 66(4) of the Criminal Justice Act 1967 (c. 80) and was extended by section 85(2) and (4) of the Criminal Justice Act 1991 (c. 53).

(2)

1971 c. 38.

(3)

1991 c. 53.

(4)

1991 c. 53.

(5)

1997 c. 43.

(6)

1952 c. 52.

(7)

1983 c. 54.

(8)

1996 c. 56.

(9)

1952 c. 52.

(10)

1984 c. 12.

(11)

1952 c. 52; section 16A was inserted by section 15 of the Criminal Justice and Public Order Act 1994 (c. 33).

(12)

1991 c. 53.

(13)

1982 c. 48.

(14)

1967 c. 80.

(15)

1952 c. 52.

(16)

1991 c. 53.

(17)

1978 c. 30.

(18)

S.I. 1964/388.