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”.