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- Point in Time (07/06/2016)
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Version Superseded: 17/10/2016
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2.—(1) In these Rules, where the context so admits, the expression-
[F1“adjudicator” means a District Judge (Magistrates' Courts) or Deputy District Judge (Magistrates' Courts) approved by the Lord Chancellor for the purpose of inquiring into a charge which has been referred to him;]
“communication" includes any written or drawn communication from an inmate to any other person, whether intended to be transmitted by means of a postal service or not, and any communication from an inmate to any other person transmitted by means of a telecommunications system;
“compulsory school age" has the same meaning as in the Education Act 1996 M1;
“controlled drug" means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971;
[F2“fixed-term prisoner” has the meaning assigned to it by section 237(1) of the Criminal Justice Act 2003;]
“governor" includes an officer for the time being in charge of a young offender institution;
[F3“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 and who is working within the young offender institution F4...;]
[F5“health care provider” includes any provider of health services, whether or not commissioned by an NHS body (within the meaning given by [F6section 275(1)] of the National Health Service 2006)];
[F7“information technology equipment” includes any laptop or notebook computer, desktop computer, gaming console, handheld computing device, personal organiser or any electronic device containing a computer processor and capable of connecting to the internet, and any reference to information technology equipment includes a reference to–
a component part of a device of that description; or
any article designed or adapted for use with any information technology equipment (including any disk, film or other separate article on which images, sounds, computer code or other information may be stored or recorded)];
“inmate" means a person who is required to be detained in a young offender institution;
“intercepted material" means the contents of any communication intercepted pursuant to these Rules;
“legal adviser" means, in relation to an inmate, his counsel or solicitor, and includes a clerk acting on behalf of his solicitor;
“minister appointed to a young offender institution" means a minister so appointed under section 10 of the Prison Act 1952;
“officer" means an officer of a young offender institution;
[F8“specified drug” means any product or substance containing—
AB-PINACA (N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole-3-carboxamide);
5F-AB-PINACA (N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(5-Fluoropentyl)-1H-indazole-3-carboxamide);
AB-FUBINACA (N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamide);
APICA (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indole-3-carboxamide);
5F-APICA (N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indole-3-carboxamide);
APINACA (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide);
5F-APINACA (1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide);
5F-PB22 (1-(5-fluoropentyl)-8-quinolinyl ester-1H-indole-3-carboxylic acid), and
MDMB-CHMICA (methyl 2-{[1-(cyclohexylmethyl)-1H-indol-3-yl]formamido}-3,3-dimethylbutanoate);]
F9...
F10...
“telecommunications system" means any system (including the apparatus comprised in it) which exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy;
[F11“the 2003 Act” means the Criminal Justice Act 2003.]
(2) In these Rules a reference to—
(a)an award of additional days means additional days awarded under these Rules by virtue of section 42 of the Criminal Justice Act 1991 [F12or by virtue of section 257 of the 2003 Act];
(b)the Church of England includes a reference to the Church of 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 to a numbered paragraph is in a rule, unless otherwise stated, a reference to the paragraph of that number in that rule.
Textual Amendments
F1Words in rule 2(1) substituted (18.4.2005) by The Young Offender Institution (Amendment) Rules 2005 (S.I. 2005/897), rule 1(1), Sch. para. 1 (with rule 1(2))
F2Words in rule 2(1) inserted (3.1.2006) by The Young Offender Institution (Amendment) (No. 2) Rules 2005 (S.I. 2005/3438), rule 1, Sch. para. 1(a)(i)
F3Words in rule 2(1) inserted (3.1.2006) by The Young Offender Institution (Amendment) (No. 2) Rules 2005 (S.I. 2005/3438), rule 1, Sch. para. 1(a)(ii)
F4Words in rule 2 omitted (1.1.2010) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 1(a)
F5Words in rule 2 inserted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 1(b)
F6Words in art. 2(1) substituted (1.4.2013 at 5 p.m.) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 44
F7Words in rule 2(1) added (1.4.2008) by The Young Offender Institution (Amendment) Rules 2008 (S.I. 2008/599), rules 1, 3
F8Words in rule 2(1) inserted (7.6.2016) by The Prison and Young Offender Institution (Amendment) Rules 2016 (S.I. 2016/583), rules 1, 3(2)
F9Words in rule 2 omitted (1.1.2010) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 2 para. 1(c)
F10Words in rule 2(1) omitted (13.8.2014 at 5.00 p.m.) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2014 (S.I. 2014/2169), rules 1, 3(2)
F11Words in rule 2(1) inserted (3.1.2006) by The Young Offender Institution (Amendment) (No. 2) Rules 2005 (S.I. 2005/3438), rule 1, Sch. para. 1(a)(iv)
F12Words in rule 2(2)(a) added (3.1.2006) by The Young Offender Institution (Amendment) (No. 2) Rules 2005 (S.I. 2005/3438), rule 1, Sch. para. 1(b)
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