(This note is not part of the Rules)
These Rules amend the Prison Rules 1999 (S.I. 1999/728) (“the 1999 Rules”) and the Young Offender Institution Rules 2000 (S.I. 2000/3371) (“the 2000 Rules”).
The amendments in rule 2(3) and (4) apply to a prisoner who has the relevant deportation status. A prisoner has this status if:
(a)there is a deportation order against the prisoner under section 5(1) of the Immigration Act 1971 (c. 77) (“the 1971 Act”); and
(b)no appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (“the 2002 Act”) that may be brought or continued from within the United Kingdom in relation to the decision to make the deportation order could be brought or is pending.
For these purposes, the reference to the decision to make a deportation order includes a decision that section 32(5) of the UK Borders Act 2007 (c. 30) (“the 2007 Act”) applies in respect of the prisoner. This reflects the fact that, in cases to which that section applies, a deportation order must be made. In such cases, there is no appeal under section 82(1) of the 2002 Act against the decision to make the deportation order but there is a right to appeal against the decision that section 32(5) of the 2007 Act applies.
Rule 2(3) inserts new paragraph (1A) into rule 7 of the 1999 Rules to provide that, except where new paragraph (1D) applies, prisoners who have the relevant deportation status may not be classified as suitable for open conditions.
New paragraphs (1B) and (1C) require the classification of prisoners to be reconsidered in certain circumstances. New paragraph (1B) applies where, immediately before the relevant time (defined as the time at which the paragraph comes into force), a prisoner has been classified as suitable for open conditions and the prison has received notice that the prisoner has the relevant deportation status. In such cases, the prisoner’s classification must be reconsidered as soon as practicable after the relevant time. New paragraph (1C) applies to any prisoner who has been classified as suitable for open conditions (whether before or after the relevant time) and the prison receives notice after the relevant time that the prisoner has the relevant deportation status. In such cases, the prisoner’s classification must be reconsidered as soon as practicable after the prison receives that notice.
New paragraph (1D) applies if a prisoner has been classified as suitable for open conditions and is located in open conditions immediately before the prisoner’s classification is reconsidered, whether under new paragraph (1B) or (1C) or otherwise. In those circumstances, new paragraph (1A) does not apply and the prisoner may continue to be classified as suitable for open conditions.
Rule 2(4) inserts new paragraph (1A) into rule 9 of the 1999 Rules. The effect of this is to provide that prisoners who have the relevant deportation status must not be released temporarily from prison unless the prisoner is located in open conditions immediately before the time of release.
Rule 2(4) also inserts new paragraphs (8A) and (8B) into rule 9 of the 1999 Rules. These new paragraphs specify circumstances in which prisoners who have been released under rule 9 of the 1999 Rules and who have the relevant deportation status must be recalled. New paragraph (8A) applies if, immediately before the relevant time, a prisoner who has the relevant deportation status has been released. In such cases, the prisoner must be recalled unless the prisoner is due to return to prison on the day on which the paragraph comes into force or the prisoner was released from open conditions. New paragraph (8B) applies if a prisoner has been released (whether before or after the relevant time) and the prison subsequently receives notice that the prisoner has the relevant deportation status. In such cases, the prisoner must be recalled unless the prisoner is due to return to prison on the day on which the prison receives that notice or the prisoner was released from open conditions.
Amendments equivalent to those in rule 2(3) and (4) are made to the corresponding provisions in the 2000 Rules by rule 3(3) and (4).
Rules 2(2), (5) and (6) make amendments to remove from the 1999 Rules terminology specific to provisions of the Criminal Justice Act 1991 (c. 53) which were repealed by the coming into force of provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). Equivalent amendments are made to the 2000 Rules in rules 3(2), (5) and (6).
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.