The Young Offender Institution (Amendment) Rules 2000

Statutory Instruments

2000 No. 700

YOUNG OFFENDER INSTITUTIONS, ENGLAND AND WALES

The Young Offender Institution (Amendment) Rules 2000

Made

10th March 2000

Laid before Parliament

10th March 2000

Coming into force

1st April 2000

In exercise of the powers conferred upon me by section 47 of the Prison Act 1952(1), I hereby make the following Rules:

1.  These Rules may be cited as the Young Offender Institution (Amendment) Rules 2000 and shall come into force on 1st April 2000.

2.  The Young Offender Institution Rules 1988(2) shall have effect subject to the amendment set out in the Schedule to these Rules.

Jack Straw

One of Her Majesty’s Principal Secretaries of State

Home Office

10th March 2000

Rule 2

SCHEDULE AMENDMENTS TO THE YOUNG OFFENDER INSTITUTION RULES 1988

1.  In rule 6 (Temporary release):

(a) after paragraph (4), there shall be inserted the following paragraph:

“(4A) Where at any time an offender is subject concurrently—

(a) to a detention and training order; and

(b) to a sentence of detention in a young offender institution,

he shall be treated for the purposes of paragraphs (5) and (6) of this rule as if he were subject only to the one of them that was imposed on the later occasion.”;

(b) in paragraph (6), after “(“the 1991 Act”)” there shall be inserted:

“or section 75 of the Crime and Disorder Act 1998(3) (“the 1998 Act”)”;

(c) in paragraph (9), at the end there shall be inserted:

“or to the term of a detention and training order in sections 75 to 78 of the 1998 Act”.

2.  In rule 53 (Governor’s punishments), in paragraph (1)(f), before “confinement”, there shall be inserted:

“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 75(1) of the Crime and Disorder Act 1998,”.

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Young Offender Institution Rules 1988 (“the 1988 Rules”). Rule 2 of these Rules introduces the Schedule, which sets out the amendments to the 1988 Rules.

Paragraph 1 of the Schedule amends rule 6 (Temporary release) of the 1988 Rules to allow consistency with section 75 to 79 of the Crime and Disorder Act 1998. Paragraph 2 amends rule 53 (Governors’s punishments) to remove the punishment of confinement to a cell or room for inmates who are under 18 years old or serving the initial custodial period of detention and training orders.

(1)

1952 c. 52; section 47 was affected by an amendment to section 52(2) of that Act by section 66(4) of the Criminal Justice Act 1967 (c. 80) and is extended by section 43(5) of the Prison Act 1952. The Criminal Justice Act 1988 (c. 33), Schedule 8, paragraph 1, contains amendments affecting these provisions.

(2)

S.I. 1988/1422; amending instruments are 1989/331, 1989/2142, 1990/1763, 1992/513, 1992/2081, 1993/3076, 1994/3194, 1995/984, 1995/1599, 1996/1662, 1997/789, 1998/1545, 1999/729 and 1999/962.

(3)

1998 c. 37.