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PART IIE+WInmates

Discipline and ControlE+W

Maintenance of order and disciplineE+W

44.—(1) Order and discipline shall be maintained, but with no more restriction than is required in the interests of security and well-ordered community life.

(2) Notwithstanding paragraph (1), regimes may be established at young offender institutions under which stricter order and discipline are maintained and which emphasise strict standards of dress, appearance and conduct; provided that no inmate shall be required to participate in such a regime unless he has been first assessed as being suitable for it and no inmate shall be required to continue with such a regime if at any time it appears that he is no longer suitable for it.

(3) For the purposes of paragraph (2), whether an inmate is suitable for a stricter regime is to be assessed by reference to whether he is sufficiently fit in mind and body to undertake it and whether, in the opinion of the Secretary of State, experience of the regime will further his rehabilitation.

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

Custody outside a young offender institutionE+W

45.—(1) A person being taken to or from a young offender institution 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) An inmate required to be taken in custody anywhere outside a young offender institution shall be kept in the custody of an officer appointed under section 3 of the Prison Act 1952 or of a police officer.

(3) An inmate 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.

SearchE+W

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

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

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

Record and photographE+W

47.—(1) A personal record of each inmate shall be prepared and maintained in such manner as the Secretary of State may direct, but no part of the record shall be disclosed to any person not authorised to receive it.

(2) Every inmate may be photographed on reception and subsequently, but no copy of the photograph [F1or any other personal record] shall be given to any person not authorised to receive it.

[F2(2A) In this rule “personal record” may include personal information and biometric records (such as fingerprints or other physical measurements).]

Textual Amendments

Inmates’ propertyE+W

48.—(1) Anything, other than cash, which an inmate has at a young offender institution and which he is not allowed to retain for his own use shall be taken into the governor’s custody.

(2) Any case which an inmate has at a young offender institution shall be paid into an account under the control of the governor and the inmate shall be credited with the amount in the books of the institution.

(3) Any article belonging to an inmate which remains unclaimed for a period of more than [F31 year] after he is released, 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.

(4) The governor may confiscate any unauthorised article found in the possession of an inmate after his reception into a young offender institution, or concealed or deposited within a young offender institution.

Textual Amendments

Removal from associationE+W

49.—(1) Where it appears desirable, for the maintenance of good order or discipline or in his own interests, that an inmate should not associate with other inmates, either generally or for particular purposes, the governor may arrange for the inmate’s removal from association [F4for up to 72 hours].

[F5(2) Removal for more than 72 hours may be authorised by the governor in writing who may authorise a further period of removal of up to 14 days.

(2A) Such authority may be renewed for subsequent periods of up to 14 days.

(2B) But the governor must obtain leave from the Secretary of State in writing to authorise removal under paragraph (2A) where the period in total amounts to more than 42 days starting with the date the inmate was removed under paragraph (1).

(2C) The Secretary of State may only grant leave for a maximum period of 42 days, but such leave may be renewed for subsequent periods of up to 42 days by the Secretary of State.]

[F6(3) The governor may arrange at his discretion for an inmate removed under this rule to resume association with other inmates at any time F7...].

[F8(4) In giving authority under paragraphs (2) and (2A) and in exercising the discretion under paragraph (3), the governor must fully consider any recommendation that the inmate resumes association on medical grounds made by a registered medical practitioner or registered nurse working within the young offender institution.]

Textual Amendments

F5Rule 49(2)-(2C) substituted for rule 49(2) (4.9.2015 for specified purposes, 16.10.2015 in so far as not already in force) by The Prison and Young Offender Institution (Amendment) Rules 2015 (S.I. 2015/1638), rules 1(2)(3), 3(3)

Use of forceE+W

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

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

Temporary confinementE+W

51.—(1) The governor may order an inmate who is refractory or violent to be confined temporarily in a special cell or room, but an inmate shall not be so confined as a punishment, or after he has ceased to be refractory or violent.

(2) A cell or room shall not be used for the purpose of this rule unless it has been certified by an officer of the Secretary of State (not being an officer of a young offender institution) that it is suitable for the purpose, that its size, lighting, heating, ventilation and fittings are adequate for health, and that it allows the inmate to communicate at any time with an officer.

(3) In relation to any young offender institution, section 14(6) of the Prison Act 1952 shall have effect so as to enable the provision of special rooms instead of special cells for the temporary confinement of refractory or violent inmates.

(4) An inmate shall not be confined under this rule for longer than 24 hours without a direction in writing givenF9... by an officer of the Secretary of State F9....

Textual Amendments

RestraintsE+W

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

(2) The governor may not order an inmate aged under 17 to be put under restraint, except that he may order such an inmate be placed in handcuffs where this is necessary to prevent the inmate from injuring himself or others, damaging property or creating a disturbance.

(3) Notice of such an order shall be given without delay to a member of the [F10independent monitoring board] and to [F11a registered medical practitioner or registered nurse working within the young offender institution.]

(4) On receipt of the notice, [F12the registered medical practitioner or registered nurse] referred to in paragraph (3), shall inform the governor whether there are any reasons why the inmate should not be put under restraint. The governor shall give effect to any recommendation which may be made under this paragraph.

(5) An inmate 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 F13... an officer of the Secretary of State (not being an officer of a young offender institution). Such a direction shall state the grounds for the restraint and the time during which it may continue.

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

(7) Except as provided by this rule no inmate shall be put under restraint otherwise than for safe custody during removal, or on medical grounds by direction of [F14a registered medical practitioner or registered nurse working within the young offender institution].

(8) 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.

Textual Amendments

Compulsory Testing for controlled drugs [F15, pharmacy medicines and other substances etc.] F16...E+W

53.—(1) This rule applies where an officer, acting under the powers conferred by section 16A of the Prison Act 1952 (power to test inmates for drugs) M1, requires an inmate to provide a sample for the purposes of ascertaining whether he has any controlled drug [F17, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance] F18... 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.

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

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

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

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

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

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

Textual Amendments

Marginal Citations

Supervision of inmates by means of an overt closed circuit television systemE+W

54.—(1) Without prejudice to his powers to make arrangements for the supervision of inmates in his custody, the governor may make arrangements for any inmate to be placed under constant supervision by means of an overt closed circuit television system placed in a cell, dormitory or other place in the young offender institution if he considers that—

(a)such supervision is necessary for—

(i)the health and safety of the inmate or any other person;

(ii)the prevention, detection or prosecution of crime; or

(iii)securing or maintaining security or good order and discipline in the young offender institution; and

(b)it is proportionate to what is sought to be achieved.

(2) If an overt closed circuit television system is used for the purposes of this rule, the provisions of rules 13 and 14 shall apply to any material obtained.

[F19Compulsory testing for alcoholE+W

54A.—(1) This rule applies where an officer, acting under an authorisation in force under section 16B of the Prison Act 1952 (power to test prisoners for alcohol), requires an inmate to provide a sample for the purpose of ascertaining whether he has alcohol in his body.

(2) When requiring an inmate to provide a sample an officer shall, so far as is reasonably practicable, inform the inmate—

(a)that he is being required to provide a sample in accordance with section 16B of the Prison Act 1952; and

(b)that a refusal to provide a sample may lead to disciplinary proceedings being brought against him.

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

(4) Subject to paragraph (5) an inmate who is required to provide a sample may be kept apart from other inmates for a period not exceeding one hour to enable arrangements to be made for the provision of the sample.

(5) An inmate who is unable to provide a sample of urine when required to do so may be kept apart from other inmates until he has provided the required sample, except that an inmate may not be kept apart under this paragraph for a period of more than 5 hours.

(6) An inmate 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 an inmate shall not be required to provide such a sample in the sight of a person of the opposite sex.]

Textual Amendments

Offences against disciplineE+W

55.  An inmate is guilty of an offence against discipline if he—

(1) commits any assault;

(2) commits any racially aggravated assault;

(3) detains any person against his will;

(4) denies access to any part of the young offender institution to any officer or any person (other than an inmate) who is at the young offender institution for the purpose of working there;

(5) fights with any person;

(6) intentionally endangers the health or personal safety of others or, by his conduct, is reckless whether such health or personal safety is endangered;

(7) intentionally obstructs an officer in the execution of his duty, or any person (other than an inmate) who is at the young offender institution for the purpose of working there, in the performance of his work;

(8) escapes or absconds from a young offender institution or from legal custody;

(9) fails to comply with any condition upon which he was temporarily released under rule 5 F20... of these rules;

[F21(10) is found with any substance in his urine which demonstrates that a controlled drug [F22, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance] F23... has, whether in prison or while on temporary release under rule 5 F24..., been administered to him by himself or by another person (but subject to rule 56);]

[F25(11) is intoxicated as a consequence of consuming any alcoholic beverage (but subject to rule 56A);]

[F26(12) consumes any alcoholic beverage whether or not provided to him by another person (but subject to rule 56A);]

(13) has in his possession—

(a)any unauthorised article, or

(b)a greater quantity of any article than he is authorised to have;

(14) sells or delivers to any person any unauthorised article;

(15) sells or, without permission, delivers to any person any article which he is allowed to have only for his own use;

(16) takes improperly any article belonging to another person or to a young offender institution;

(17) intentionally or recklessly sets fire to any part of a young offender institution or any other property, whether or not his own;

(18) destroys or damages any part of a young offender institution or any other property other than his own;

(19) causes racially aggravated damage to, or destruction of, any part of a young offender institution or any other property, other than his own;

(20) absents himself from any place where he is required to be or is present at any place where he is not authorised to be;

(21) is disrespectful to any officer, or any person (other than an inmate) who is at the young offender institution for the purpose of working there, or any person visiting a young offender institution;

(22) uses threatening, abusive or insulting words or behaviour;

(23) uses threatening, abusive or insulting racist words or behaviour;

(24) intentionally fails to work properly or, being required to work, refuses to do so;

(25) disobeys any lawful order;

(26) disobeys or fails to comply with any rule or regulation applying to him;

(27) receives any controlled drug [F27, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance] F28... 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 16);

(28) displays, attaches or draws on any part of a young offender institution, or on any other property, threatening, abusive, or insulting racist words, drawings, symbols or other material;

(29) (a) attempts to commit,

any of the foregoing offences.

Textual Amendments

Defences to rule 55(10)E+W

56.  It shall be a defence for an inmate charged with an offence under rule 55(10) to show that [F29the controlled drug, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance]—

(a)F30... F31... 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 [F32, medicine or substance] to him by another person;

(b)F33... F34... was administered by or to him in circumstances in which he did not know and had no reason to suspect that such a drug [F35, medicine or substance] was being administered; or

(c)F36... F37... 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.

Textual Amendments

[F38Defences to rule 55(11) and rule 55(12)E+W

56A.  It shall be a defence for an inmate charged with an offence under rule 55(11) or (12) to show that—

(a)the alcohol was consumed by him in circumstances in which he did not know and had no reason to suspect that he was consuming alcohol; or

(b)the alcohol was consumed by him without his consent in circumstances where it was not reasonable for him to have resisted; or

F39(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Interpretation of rule 55E+W

57.  For the purposes of rule 55 words, behaviour or material shall be racist if they demonstrate or are motivated (wholly or partly) by hostility to members of a racial group (whether identifiable or not) based on their membership (or presumed membership) of a racial group, and “membership", “presumed", “racial group" and “racially aggravated", shall have the meanings assigned to them by section 28 of the Crime and Disorder Act 1998 M2

Marginal Citations

Disciplinary chargesE+W

58.—(1) Where an inmate 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 [F40or, as the case may be, the adjudicator].

[F41(3) Every charge shall be first inquired into not later, save in exceptional circumstances or in accordance with rule 60A(5) [F42or rule 65(4)] [F42, rule 65(4) or rule 58B(3)], than:

(a)where it is inquired into by the governor, the next day, not being a Sunday or public holiday, after it is laid;

(b)where it is referred to the adjudicator under rule 58A(2) [F43or 63(3)(b)], 28 days after it is so referred.]

(4) An inmate who is to be charged with an offence against discipline may be kept apart from other inmates pending the governor’s first inquiry [F44or determination under rule 58A].

Textual Amendments

[F45Determination of mode of inquiryE+W

58A.—(1) Before inquiring into a charge the governor shall determine [F46—

(i)whether the charge is so serious that additional days should be awarded for the offence if the inmate is found guilty, or

(ii)whether it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator.]

(2) Where the governor determines:

(a)that it is so serious [F47or that it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator], he shall:

(i)refer the charge to the adjudicator forthwith for him to inquire into it;

(ii)refer any other charge arising out of the same incident to the adjudicator forthwith for him to inquire into it; and

(iii)inform the inmate who has been charged that he has done so;

(b)that it is not so serious [F48or that it is not necessary or expedient for some other reason for the charge to be inquired into by the adjudicator], he shall proceed to inquire into the charge.

(3) If:

(a)at any time during an inquiry into a charge by the governor [F49, including an inquiry by the governor under rule 58B(2)]; or

(b)following such an inquiry, after the governor has found the inmate guilty of an offence but before he has imposed a punishment for that offence,

it appears to the governor [F50either] that the charge is so serious that additional days should be awarded for the offence if (where sub-paragraph (a) applies) the inmate is found guilty [F51or that it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator], the governor shall act in accordance with paragraph (2)(a)(i) to (iii) and the adjudicator shall first inquire into any charge referred to him under this paragraph not later than, save in exceptional circumstances, 28 days after the charge was referred.]

Textual Amendments

[F52Determination of mode of inquiry in a coronavirus periodE+W

58B.—(1) This rule applies during a coronavirus period.

(2) Where a charge has been referred to an adjudicator under rule 58A or rule 63(3)(b) and the Senior District Judge (Chief Magistrate) considers that because of the effects of coronavirus it is not reasonably practicable for the charge to be—

(a)first inquired into by an adjudicator in accordance with rule 58(3)(b) or rule 58A(3); or

(b)continued to be inquired into by an adjudicator,

the Senior District Judge (Chief Magistrate) may refer the charge back to the governor as soon as possible for the governor to inquire into it.

(3) A charge referred back to the governor under paragraph (2) shall be first inquired into by the governor not later, save in exceptional circumstances, than 14 days after the Senior District Judge (Chief Magistrate) referred the charge back.

(4) A charge inquired into by the governor under paragraph (2) is not to be treated as one being inquired into by an adjudicator, and accordingly the governor cannot impose a punishment under rule 60A (adjudicator's punishments).

(5) This rule applies to an inmate who has been charged with having committed an offence against discipline and referred to an adjudication under rule 58A or 63(3)(b) before the date on which the rule came into force in the same way as it applies to an inmate who has been charged with having committed an offence against discipline on or after that date.]

Textual Amendments

Rights of inmates chargedE+W

59.—(1) Where an inmate 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 [F53or, as the case may be, the adjudicator].

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

[F54(3) At an inquiry into a charge which has been referred to the adjudicator, the inmate who has been charged shall be given the opportunity to be legally represented.]

Textual Amendments

Governor’s punishmentsE+W

60.—(1) If he finds an inmate guilty of an offence against discipline the governor may, subject to paragraph (3) and [F55rule 65], impose one or more of the following punishments:

(a)caution;

(b)forfeiture for a period not exceeding 21 days of any of the privileges under rule 6;

(c)removal for a period not exceeding 21 days from any particular activity or activities of the young offender institution, other than education, training courses, work and physical education in accordance with rules 37, 38, 39, 40 and 41;

(d)extra work outside the normal working week for a period not exceeding 21 days and for not more than two hours on any day;

(e)stoppage of or deduction from earnings for a period not exceeding 42 days of F56...;

(f)in the case of an offence against discipline committed by an inmate who was aged 18 or over at the time of commission of the offence, other than an inmate who is serving the period of detention and training under a detention and training order pursuant to section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 [F57or section 233 of the Sentencing Code], confinement to a cell or room for a period not exceeding [F58ten days];

(g)removal from his wing or living unit for a period not exceeding 21 days;

F59(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If an inmate is found guilty of more than one charge arising out of an incident punishments under this rule may be ordered to run consecutively, but [F60in the case of a punishment of cellular confinement the total period shall not exceed ten days].

(3) F61... A caution shall not be combined with any other punishment for the same charge.

(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.

Textual Amendments

[F62Adjudicator’s punishmentsE+W

60A.—(1) If he finds a inmate guilty of an offence against discipline the adjudicator may, subject to paragraph (2) and to rule 65, impose one or more of the following punishments:

(a)any of the punishments mentioned in rule 60(1);

(b)in the case of an inmate who is a F63...[F64 fixed-term prisoner], an award of additional days not exceeding 42 days.

(2) A caution shall not be combined with any other punishment for the same charge.

(3) If an inmate 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 a punishment of cellular confinement, the total period shall not exceed ten days.

(4) This rule applies to an inmate who has been charged with having committed an offence against discipline before the date on which the rule came into force, in the same way as it applies to an inmate who has been charged with having committed an offence against discipline on or after that date, provided the charge is referred to the adjudicator no later than 60 days after that date.

(5) Rule 58(3) shall not apply to a charge where, by virtue of paragraph (4), this rule applies to the inmate who has been charged.]

Textual Amendments

[F65Requirement to pay for damage to young offender institution propertyE+W

60AB.—(1) This rule applies where an inmate is found guilty of an offence under rule 55(18) or 55(19) in respect of destroying or damaging any part of a young offender institution or any other property belonging to a young offender institution (“the relevant disciplinary offence”).

(2) The governor or, as the case may be, the adjudicator must require the inmate to pay for the cost of making good the damage from, or replacing any property destroyed as a result of, the commission of the relevant disciplinary offence.

(3) A requirement imposed under paragraph (2) is referred to in this rule and in rules 60B, 64 and 64A as a “compensation requirement”.

(4) The amount required to be paid under a compensation requirement must not exceed the cost of making good the damage from, or replacing any property destroyed as a result of, the relevant disciplinary offence and, in any event, must not exceed £2,000.

(5) A compensation requirement may be imposed instead of or in addition to any punishment imposed under rule 60, 60A or 65.

(6) A compensation requirement ceases to have effect after two years from the date on which it was imposed regardless of whether or not the full amount has been paid.]

Textual Amendments

[F66Review of adjudicator’s punishmentE+W

60B.—(1) A reviewer means [F67the Senior District Judge (Chief Magistrate)] or any deputy of such a judge as nominated by that judge.

(2) [F68Where an adjudicator imposes a punishment under rule 60A(1) or rule 65(1A), a compensation requirement under rule 60AB(2), or both] an inmate may, within 14 days of receipt of the punishment [F69or the imposition of the compensation requirement, whichever is later], request in writing that a reviewer conducts a review.

(3) The review must be commenced within 14 days of receipt of the request and must be conducted on the papers alone.

[F70(4) The review may be of the punishment, the compensation requirement or both (whether or not the inmate requested a review of both) but must not be a review of the finding of guilt.]

(5) On completion of the review, if it appears to the reviewer that the [F71imposition of the punishment, the compensation requirement or both] was manifestly unreasonable, he may [F72do such of the following as he considers appropriate]—

(a)reduce the number of any additional days awarded;

(b)for whatever punishment has been imposed by the adjudicator, substitute another punishment which is, in his opinion, less severe; F73...

(c)quash the punishment entirely;

[F74(d)reduce the amount of the compensation requirement.]

(6) An inmate requesting a review shall serve any additional days awarded under rule 60A(1)(b) or 65(1A)(b) unless and until they are reduced.]

Textual Amendments

Confinement to a cell or roomE+W

61.—[F75(1) Before deciding whether to impose a punishment of confinement to a cell or room, the governor, adjudicator or reviewer shall first enquire of a registered medical practitioner or registered nurse, [F76working within the young offender institution], as to whether there are any medical reasons why the punishment is unsuitable and shall take this into account when making his decision.]

(2) No cell or room shall be used as a detention cell or room for the purpose of a punishment of confinement to a cell or room unless it has been certified by an officer of the Secretary of State (not being an officer of a young offender institution) that it is suitable for the purpose; that its size, lighting, heating, ventilation and fittings are adequate for health; and that it allows the inmate to communicate at any time with an officer.

Textual Amendments

Removal from wing or living unitE+W

62.  Following the imposition of a punishment of removal from his wing or living unit, an inmate shall be accommodated in a separate part of the young offender institution under such restrictions of earnings and activities as the Secretary of State may direct.

Suspended punishmentsE+W

63.—(1) Subject to any directions of the Secretary of State, the power to impose a disciplinary punishment (other than a caution) shall include a 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 inmate commits another offence against discipline and a direction is given under paragraph (2).

(2) Where an inmate 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; or

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

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

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

[F77(3) Where an award of additional days has been suspended under paragraph (1) and an inmate is charged with committing an offence against discipline during the period specified in a direction given under that paragraph, the governor shall either:

(a)inquire into the charge and give no direction with respect to the suspended award; or

(b)refer the charge to the adjudicator for him to inquire into it.]

Textual Amendments

Remission and mitigation of punishments [F78, variation of compensation requirements] and quashing of findings of guiltE+W

64.—(1) [F79Except in the case of a finding of guilt made, or a punishment imposed, by an adjudicator under rule 60A(1)(b) or rule 65(1A)(b)] the Secretary of State may quash any findings of guilt and may remit a disciplinary punishment or mitigate it either by reducing it or by substituting a punishment which is, in his opinion, less severe.

[F80(1A) Where a compensation requirement has been imposed by a governor under rule 60AB(2), the Secretary of State may reduce the amount of the requirement.]

[F81(2) Subject to any directions given by the Secretary of State, the governor may, on the grounds of good behaviour, remit or mitigate any punishment already imposed by an adjudicator [F82or governor].]

Textual Amendments

[F83Enforcement of compensation requirementsE+W

64A.—(1) Where a compensation requirement has been imposed under rule 60AB(2), the governor may debit any amount of money with which the inmate has been credited in the books of the young offender institution under rule 48(2) in order to recover the whole or part of the amount required to be paid under the compensation requirement.

(2) The amount debited under paragraph (1) on any occasion must not be such as to reduce below £5 the amount with which the inmate is credited in the books of the young offender institution under rule 48(2).]

Textual Amendments

Adult female inmates: disciplinary punishmentsE+W

65.—(1) In the case of a female inmate aged 21 years or over, rule 60 shall not apply, but the governor may, if he finds the inmate guilty of an offence against discipline, 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 6;

(c)removal for a period not exceeding 21 days from any particular activity or activities of the young offender institution, other than education, training courses, work and physical education in accordance with rules 37, 38, 39, 40 and 41;

(d)stoppage of or deduction from earnings for a period not exceeding 84 days F84...;

(e)confinement to a cell or room for a period not exceeding [F8521 days];

F86(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F87(1A) In the case of a female inmate aged 21 years or over, where a charge has been referred to the adjudicator, rule 60A shall not apply, but the adjudicator may if he finds the inmate guilty of an offence against discipline, impose one or more of the following punishments:

(a)any of the punishments mentioned in paragraph (1);

(b)in the case of an inmate who is a F88...[F89 fixed-term prisoner], an award of additional days not exceeding 42 days.]

(2) If an inmate 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.

[F90(3) Paragraph (1A) applies to an inmate who has been charged with having committed an offence against discipline before the date on which that paragraph came into force, in the same was as it applies to an inmate who has been charged with having committed an offence against discipline on or after that date, provided the charge is referred to the adjudicator no later than 60 days after that date.

(4) Rule 58(3) shall not apply to a charge where, by virtue of paragraph (3), paragraph (1A) applies to the inmate who has been charged.]

Textual Amendments

Forfeiture of remission to be treated as an award of additional daysE+W

66.—(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.

(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 number of days of remission which he has forfeited.