The Young Offender Institution Rules 2000

Classification of inmates E+W

4.— [F1 (1)]  [F2 Subject to paragraphs (2) to (5),] inmates may be classified, in accordance with any directions of the Secretary of State, taking into account their ages, characters and circumstances.

[F3 (2) Except where paragraph (5) applies, an inmate who has the relevant deportation status must not be classified as suitable for open conditions.

(3) If, immediately before the relevant time—

(a) an inmate has been classified as suitable for open conditions; and

(b) the young offender institution has received notice that the inmate has the relevant deportation status,

the inmate’s classification must be reconsidered in accordance with this rule as soon as practicable after the relevant time.

(4) If—

(a) an inmate has been classified as suitable for open conditions (whether before or after the relevant time); and

(b) the young offender institution receives notice after the relevant time that the inmate has the relevant deportation status,

the inmate’s classification must be reconsidered in accordance with this rule as soon as practicable after the young offender institution receives that notice.

(5) This paragraph applies if an inmate has been classified as suitable for open conditions and is located in open conditions immediately before the inmate’s classification is reconsidered, whether under paragraph (3) or (4) or otherwise.

(6) For the purposes of this rule, an inmate has the relevant deportation status if—

(a) there is a deportation order against the inmate under section 5(1) of the Immigration Act 1971; and

(b) no appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”) that may be brought or continued from within the United Kingdom in relation to the decision to make the deportation order—

(i) could be brought (ignoring any possibility of an appeal out of time with permission), or

(ii) is pending (within the meaning of section 104 of the 2002 Act).

(7) In paragraph (6), the reference to the decision to make a deportation order includes a decision that section 32(5) of the UK Borders Act 2007 applies in respect of the inmate.

(8) In this rule, “the relevant time” means 5.00 p.m on 13th August 2014.]

Textual Amendments

F1 Rule 4 renumbered as rule 4(1) (13.8.2014 at 5 p.m.) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2014 (S.I. 2014/2169), rules 1, 3(3)(a)

F2 Words in rule 4(1) inserted (13.8.2014 at 5 p.m.) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2014 (S.I. 2014/2169), rules 1, 3(3)(a)

F3 Rule 4(2)-(8) inserted (13.8.2014 at 5 p.m.) by The Prison and Young Offender Institution (Amendment) Rules 2014 (S.I. 2014/2169), rules 1, 3(3)(b)