Coronavirus Restricted Temporary Release5A

1

During a transmission control period, the Secretary of State may, in accordance with the other provisions of this rule, temporarily release an inmate falling within a description specified in a direction made under this rule.

2

An inmate may only be released under this rule (subject to paragraph (3)) if—

a

a transmission control period is in effect; and

b

the inmate is—

i

a fixed term prisoner subject to release pursuant to section 244 of the 2003 Act; or

ii

a fine defaulter or contemnor subject to release pursuant to section 258 of the 2003 Act; or

iii

serving a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 20008; 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, young offender institutions in England and Wales.

3

An inmate must not be released under this rule if—

a

the inmate would not be eligible for release on temporary licence under the following restrictions on rule 5 of these Rules (temporary release):

i

rule 5(1A) (inmates with a relevant deportation status);

ii

rule 5(7) (inmates who have committed offences whilst at large following temporary release);

iii

rule 5(9) (inmates committed or remanded);

b

the inmate is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003.

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

An inmate 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 inmate to—

a

report to a specified person at a specified place at a specified time;

b

return to custody at a specified time;

c

comply with directions issued by the Secretary of State or another person.

7

An inmate 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 2020;

• “transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.