The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020

Rule 4

SCHEDULE 1 Modification of the Prison Rules 1999

1.  The Prison Rules 1999 have effect as if amended in accordance with paragraphs 2 to 13.

2.  In rule 2(1) (interpretation)(1)—

(a) after the definition of “convicted prisoner” insert—

““coronavirus” has the meaning given by section 1 of the 2020 Act (meaning of “coronavirus” and related terminology);

“coronavirus period” means the period of time inclusive of a transmission control period and the transition period which follows it;”;

(b) after the definition of “the 2003 Act” insert—

““the 2020 Act” means the Coronavirus Act 2020(2);

“transition period” means the period provided for by rule 2A;

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

3.  After rule 2 insert—

“Coronavirus period – transition period

2A.— (1) Subject to paragraphs (2) to (5), a transition period is the period of 3 months starting on the date on which a transmission control period ends.

(2) The Secretary of State may declare that a transition period is extended by such period of up to 1 month as is specified in the declaration, if the Secretary of State considers that the declaration is necessary as a result of the effects, existing or new, of coronavirus on or in relation to prisoners or prisons.

(3) The Secretary of State—

(a) may declare that a transition period which has already been extended is further extended by such period of up to 1 month as is specified in the declaration; and

(b) subject to paragraph (4), may make further such declarations.

(4) The total period of the transition period must not exceed 6 months.

(5) The Secretary of State may at any time declare that a transition period has ended, or is to end, on such date, earlier than the transition period would otherwise end as is specified in the declaration.

(6) Any declaration under paragraph (2), (3) or (5) must be published in such a manner as the Secretary of State considers appropriate.”.

4.  In rule 14 (special duties of chaplains and prison ministers)—

(a) in paragraph (1), after “shall” insert “(or during a coronavirus period shall so far as reasonably practicable)”;

(b) in paragraph (2), after “The chaplain shall” insert “(or during a coronavirus period shall so far as reasonably practicable)”;

(c) in paragraph (3), after “The chaplain shall” insert “(or during a coronavirus period shall so far as reasonably practicable)”.

5.  In rule 16(1) (religious services), after “The chaplain shall” insert “(or during a coronavirus period shall so far as reasonably practicable)”.

6.  In rule 32 (education)—

(a) in paragraph (2), after “Educational classes shall” insert “(or during a coronavirus period shall so far as reasonably practicable)”;

(b) in paragraph (4), after “arrangements shall” insert “(or during a coronavirus period shall so far as reasonably practicable)”.

7.  After rule 35(2A) (personal letters and visits)(3) insert—

“(2B) During a coronavirus period, the Secretary of State may, either generally or in a particular case, and for such periods of time as the Secretary of State considers necessary, suspend any entitlement to a visit under paragraph (1), (2)(b) and (2A), if the Secretary of State considers that such a suspension is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to prisoners or the prison and proportionate to what is sought to be achieved.”.

8.  In rule 46(2) (close supervision centres)(4), after “for a period not exceeding one month” insert “, or, during a coronavirus period, three months,”.

9.  In rule 53(3) (disciplinary charges)(5), after “in accordance with rule 55A(5)” insert “or 53B(3)”.

10.  In rule 53A(3)(a) (determination of mode of inquiry)(6), after the words “charge by the governor” insert “, including an inquiry by the governor under rule 53B(2)”.

11.  After rule 53A (determination of mode of inquiry) insert—

“Determination of mode of inquiry in a coronavirus period

53B.— (1) This rule applies during a coronavirus period.

(2) Where a charge has been referred to an adjudicator under rule 53A or rule 60(3)(b) and the Senior District Judge (Chief Magistrate) considers that because of the effects of coronavirus it is not reasonably practicable for the charge to be—

(a) first inquired into by an adjudicator in accordance with rule 53(3)(b) or rule 53A(3); or

(b) continued to be inquired into by an adjudicator,

the Senior District Judge (Chief Magistrate) may refer the charge back to the governor as soon as possible for the governor to inquire into it.

(3) A charge referred back to the governor under paragraph (2) shall be first inquired into by the governor not later, save in exceptional circumstances, than 14 days after the Senior District Judge (Chief Magistrate) referred the charge back.

(4) A charge inquired into by the governor under paragraph (2) is not to be treated as one being inquired into by an adjudicator, and accordingly the governor cannot impose a punishment under rule 55A (adjudicator’s punishments).

(5) This rule applies to a prisoner who has been charged with having committed an offence against discipline and referred to an adjudicator under rule 53A or 60(3)(b) before the date on which the rule came into force in the same way as it applies to a prisoner who has been charged with having committed an offence against discipline on or after that date.”.

12.  In rule 73 (visitors)(7)—

(a) after paragraph (1) insert—

“(1A) During a coronavirus period, the Secretary of State may prohibit visits by all persons or classes of persons to a prison or to a prisoner in a prison for such periods of time as the Secretary of State considers necessary, if the Secretary of State considers that such prohibition is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to prisoners or the prison.”;

(b) in paragraph (2), for “Paragraph (1)” substitute “Paragraphs (1) and (1A)”.

13.  In rule 82 (contracted out prisons)(8)—

(a) in paragraph (1)(b)(iii), after “53A,” insert “53B,”;

(b) in paragraph (1A), after “53A,” insert “53B,”.

(1)

There are amending instruments but none is relevant.

(2)

2020 c. 7.

(3)

Rule 35(2A) was inserted by S.I. 2003/3301.

(4)

Rule 46(2) was amended by S.I. 2000/1794.

(5)

Rule 53(3) was amended by S.I. 2002/2116 and S.I. 2011/1663.

(6)

Rule 53A(3) was inserted by S.I. 2002/2116 and amended by S.I. 2011/1663.

(7)

Rule 73 was amended by S.I. 2000/2641 and S.I. 2008/597.

(8)

Rule 82 was amended by S.I. 2007/2954, S.I. 2007/3149 and S.I. 2013/2462.