The Prison Rules 1999

PHYSICAL WELFARE AND WORK E+W

Clothing E+W

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 E+W

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 E+W

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 E+W

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 E+W

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

Hygiene E+W

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 E+W

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 E+W

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 E+W

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.