The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022

Statutory Instruments

2022 No. 4

Prisons, England And Wales

Young Offender Institutions, England And Wales

The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022

Made

4th January 2022

Laid before Parliament

5th January 2022

Coming into force

26th January 2022

The Secretary of State makes the following Rules in exercise of the powers conferred by section 47(1) of the Prison Act 1952(1).

Citation, commencement and extent

1.—(1) These Rules may be cited as the Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2022 and come into force on 26th January 2022.

(2) These Rules extend to England and Wales.

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

2.—(1) Schedule 1 to the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020(2) is amended as follows.

(2) In paragraph 2(b), in the definition of “transition period”, remove “of three months” and insert “and ending with 24th March 2022” after “control period ends”.

(3) Omit paragraphs 9, 10, 11 and 13.

3.—(1) Schedule 2 to the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 is amended as follows.

(2) In paragraph 2(b), in the definition of “transition period”, remove “of three months” and insert “and ending with 24th March 2022” after “control period ends”.

(3) Omit paragraphs 11, 12, 13 and 15.

Victoria Atkins

Minister of State

Ministry of Justice

4th January 2022

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508) (“the 2020 Rules”). Rules 2 and 3 amend Schedules 1 and 2 of the 2020 Rules to change the definition of “transition period” from the period of three months to be a period starting at the end of a transmission control period and finishing with 24th March 2022.

Rules 2 and 3 also remove the mechanism for Independent Adjudicators to refer cases back to prison governors where the coronavirus pandemic had prevented cases being heard in person. A new system has now been introduced that allows for adjudications to be heard online by Independent Adjudicators.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1952 c. 52. Section 47(1) was amended by section 6(2) of the Criminal Justice and Public Order Act 1994 (c. 33) and paragraph 3(2) of Schedule 9 to the Criminal Justice and Courts Act 2015 (c. 2).

(2)

S.I. 2020/508, amended by S.I. 2020/1077.