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).
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.
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.
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.
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.
50.—(1) This rule applies where an officer, acting under the powers conferred by section 16A of the Prison Act 1952 M1 (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.
Marginal Citations
M11952 c. 52; section 16A was inserted by section 15 of the Criminal Justice and Public Order Act 1994 (c. 33).