Amendment of the Prison Rules 19992
1
The Prison Rules 19992 are amended as follows.
2
After rule 9 (temporary release) insert the following—
Coronavirus Restricted Temporary Release9A
1
During a transmission control period, the Secretary of State may, in accordance with the other provisions of this rule, temporarily release a prisoner falling within a description specified in a direction made under this rule.
2
A prisoner may only be released under this rule (subject to paragraph (3)) if—
a
a transmission control period is in effect; and
b
the prisoner is—
i
a fixed term prisoner subject to release pursuant to section 2443 of the 2003 Act; or
ii
a fine defaulter or contemnor subject to release pursuant to section 2584 of the 2003 Act; and
c
the Secretary of State is satisfied that the temporary release is—
i
for the purpose of preventing, protecting against, delaying or otherwise controlling the incidence or transmission of coronavirus; or
ii
for the facilitation of the most appropriate deployment of personnel and resources in, or in connection with, prisons in England and Wales.
3
A prisoner must not be released under this rule if—
a
the prisoner would not be eligible for release on temporary licence under the following restrictions on rule 9 of these Rules (temporary release)—
i
rule 9(1A) (prisoners with a relevant deportation status);
ii
rule 9(6) (prisoners who have committed offences whilst at large following temporary release);
iii
rule 9(9) (prisoners committed or remanded).
b
the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 20035;
c
the Secretary of State has classified the prisoner as Category A or restricted status in accordance with a direction under rule 7 (classification of prisoners).
4
A description specified in a direction under this rule may be framed by reference to whatever matters the Secretary of State considers appropriate.
5
A prisoner may be released under this rule for any period or periods and subject to any conditions.
6
In particular, the Secretary of State may impose a condition which requires the prisoner to—
a
report to a specified person at a specified place at a specified time;
b
return to a prison at a specified time;
c
comply with directions issued by the Secretary of State or another person.
7
A prisoner released under this rule may be recalled at any time whether the conditions of his release have been broken or not.
8
In this rule –
“coronavirus” has the meaning given by section 1 of the 2020 Act (meaning of “coronavirus” and related terminology);
“the 2020 Act” means the Coronavirus Act 20206;
“transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.
3
In rule 51(8) (offences against discipline), after “under rule 9”, insert “or rule 9A”.
4
In rule 51(9) (offences against discipline), after “under rule 9”, insert “or rule 9A”.