The Prison Rules 1999

Type Statutory-Instrument
Publication 1999-03-10
Last updated 2025-01-06
State In force
Department King's Printer of Acts of Parliament
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articles Not indexed
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[^key-381a6a0605cf929c3e03bb76e59720bf]: Words in rule 50(1) inserted (8.12.2021 immediately after 2021 c. 18 comes into force) by The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(3)(b); S.I. 2021/1280, reg. 2

[^key-143984000e485fee1b67f13c36174efe]: Words in rule 51(9) omitted (8.12.2021) by virtue of Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(3)(c), 3(2); S.I. 2021/1280, reg. 2

[^key-0a914f86c5ff74a5b0a53809d3356ceb]: Words in rule 51(24) omitted (8.12.2021) by virtue of Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(3)(c), 3(2); S.I. 2021/1280, reg. 2

[^key-0ddc223fbbb696dcc1b3d7205b239d5d]: Words in rule 51(9) inserted (8.12.2021 immediately after 2021 c. 18 comes into force) by The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(4); S.I. 2021/1280, reg. 2

[^key-73686844cd821d12e159612cda75c0e5]: Words in rule 51(24) inserted (8.12.2021 immediately after 2021 c. 18 comes into force) by The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(5); S.I. 2021/1280, reg. 2

[^key-cfe2062132cf4ffa9633682fd459456f]: Words in rule 52(a) omitted (8.12.2021) by virtue of Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(3)(d), 3(2); S.I. 2021/1280, reg. 2

[^key-5461f4a91a0c0b14c3b23edf7ed27e7c]: Words in rule 52(b) omitted (8.12.2021) by virtue of Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(3)(d), 3(2); S.I. 2021/1280, reg. 2

[^key-951655cdee8919bf7d484bff8498d99f]: Words in rule 52(c) omitted (8.12.2021) by virtue of Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(3)(d), 3(2); S.I. 2021/1280, reg. 2

[^key-81e5c6b99e4b98e0de235ed705c3d90d]: Words in rule 52 inserted (8.12.2021 immediately after 2021 c. 18 comes into force) by The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(a); S.I. 2021/1280, reg. 2

[^key-7129252a9e35dec098a6cd835a022430]: Words in rule 52(a) omitted (8.12.2021 immediately after 2021 c. 18 comes into force) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(b)(i); S.I. 2021/1280, reg. 2

[^key-a9a05da5eb999b4c7c96688823074637]: Words in rule 52(a) inserted (8.12.2021 immediately after 2021 c. 18 comes into force) by The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(b)(ii); S.I. 2021/1280, reg. 2

[^key-a534f92833b8a6be9197e8e2eec739b5]: Words in rule 52(b) omitted (8.12.2021 immediately after 2021 c. 18 comes into force) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(c)(i); S.I. 2021/1280, reg. 2

[^key-8f98b978c2679a5baddcc42534c2fd0c]: Words in rule 52(b) inserted (8.12.2021 immediately after 2021 c. 18 comes into force) by The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(c)(ii); S.I. 2021/1280, reg. 2

[^key-9d5f0d676d8ceae767b20f0ec826d4d0]: Words in rule 52(c) omitted (8.12.2021 immediately after 2021 c. 18 comes into force) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(d); S.I. 2021/1280, reg. 2

[^key-3c3f22f871121599610f2dce8fe01fe1]: Rule 9A omitted (25.3.2022) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508), rules 1(2), 2(2)

[^key-38182b8374d8b5ccfe6695bd46f3e311]: Words in rule 51(8) omitted (25.3.2022) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508), rules 1(2), 2(3)

[^key-0b5f8d76adf50ee9ccba6dcb03a2abd2]: Words in rule 51(9) omitted (25.3.2022) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508), rules 1(2), 2(3)

[^key-3f55091edaf48426228a233552dfd5dc]: Rule 53A substituted (4.4.2023) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2023 (S.I. 2023/321), rules 1(1), 2(2)

[^key-cfbf8496fb610208f6bc9a37be8ecc45]: Rule 54(4) inserted (4.4.2023) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2023 (S.I. 2023/321), rules 1(1), 2(3)

[^key-8df024ff77a45ff72cfaf6d829bbd016]: Words in rule 2 inserted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(2)

[^key-cb8d76cc8d7b17544ecf4eb685747c1c]: Rule 51(1A) substituted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(3)(a)

[^key-e71908f8a79d2201a2e8875437ff76b0]: Rule 51(1B)-(1D) inserted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(3)(b)

[^key-155545e6348f41a32be5efdb35622808]: Rule 51(17A) substituted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(3)(c)

[^key-ad05b72ab33707f22bbb871bccbfd907]: Rule 51(20A) substituted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(3)(d)

[^key-870ff3f08741205937f90ed77ed5ed22]: Rule 51(23A) inserted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(3)(e)

[^key-33092a5249c7b6ecb99e908116f93c47]: Rule 51(24A) substituted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(3)(f)

[^key-cbe3af9050ab43c4c888db9dc2e0012c]: Rule 51A(2) substituted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(4)

[^key-01b11f3599d8011fd7236694ea87de16]: Rule 55(1)(i) inserted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(5)(a)

[^key-3759db90c293a7bfcbde451ab8137ac5]: Words in rule 55A(1)(a) substituted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(6)

[^key-40c34e9126bbdbb1b3e978af6e79ae29]: Word in rule 55AB(2) substituted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(7)(a)

[^key-ed4e93131d2e57bb4c1e8730ff6e9433]: Word in rule 55AB(2) substituted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(7)(b)

[^key-41d11c37ef01fc22d7ab30c3f59d311b]: Rule 60 substituted (31.5.2024) by The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 (S.I. 2024/212), rules 1(1), 2(8)

[^key-e047cc8111383acf4c39617ef7c40b7c]: Words in art. 35A(2A) substituted (6.1.2025) by The Prison and Young Offender Institution (Interception of Communications) (Amendment) Rules 2024 (S.I. 2024/1217), rules 1(2), 2(2)(a)

[^key-70e135486b6bc837efdff8272f7adbd9]: Art. 35A(2B)(2C) inserted (6.1.2025) by The Prison and Young Offender Institution (Interception of Communications) (Amendment) Rules 2024 (S.I. 2024/1217), rules 1(2), 2(2)(b)

[^key-fd53333bd823f8e27a41c076b56f17bf]: Word in art. 35A(4) inserted (6.1.2025) by The Prison and Young Offender Institution (Interception of Communications) (Amendment) Rules 2024 (S.I. 2024/1217), rules 1(2), 2(2)(c)

Interpretation of rule 51

51A
  • (2) For the purposes of rule 51—
  • (a) reference to a protected characteristic means a characteristic listed in section 4 of the Equality Act 2010;
  • (b) a prisoner commits a sexual assault if the criteria in section 3(1) of the Sexual Offences Act 2003 are fulfilled;
  • (c) Sections 3(2), 75 and 76 of the Sexual Offences Act 2003 apply to an offence under rule 51(1B);
  • (d) a prisoner commits exposure if the criteria in section 66(1) of the Sexual Offences Act 2003 are fulfilled;
  • (e) a prisoner sexually harasses a person if the criteria in section 26(2) of the Equality Act 2010 are fulfilled;
  • (f) an offence is aggravated by a protected characteristic if—
  • (i) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim having that protected characteristic, or
  • (ii) the offence is motivated (wholly or partly) by hostility to persons based on them sharing that protected characteristic;
  • (g) references to particular protected characteristics, to a person who has a particular protected characteristic, and to persons sharing a particular protected characteristic, are to be interpreted in accordance with sections 5 to 12 of the Equality Act 2010;
  • (h) reference to a person having a protected characteristic includes a person being presumed to have, or associating with those who have, a protected characteristic;
  • (i) reference to persons sharing a protected characteristic includes persons being presumed to share, or associating with those who share, a protected characteristic.

Defences to rule 51(9)

Disciplinary charges

Rights of prisoners charged

Governor’s punishments

Forfeiture of remission to be treated as an award of additional days

Offences committed by young persons

Cellular confinement

Prospective award of additional days

Suspended punishments

Remission and mitigation of punishments and quashing of findings of guilt

Interception of communications

35A
  • (1) The Secretary of State may give directions to any governor concerning the interception in a prison of any communication by any prisoner or class of prisoners if the Secretary of State considers that the directions are—
  • (a) necessary on grounds specified in paragraph (4) below; and
  • (b) proportionate to what is sought to be achieved.
  • (2) Subject to any directions given by the Secretary of State, the governor may make arrangements for any communication by a prisoner or class of prisoners to be intercepted in a prison by an officer or an employee of the prison authorised by the governor for the purposes of this rule (referred to in this rule as an “authorised employee”) if he considers that the arrangements are—
  • (a) necessary on grounds specified in paragraph (4) below; and
  • (b) proportionate to what is sought to be achieved.
  • (2A) The governor may not make arrangements for interception of any communication between a prisoner and
  • (a) the prisoner’s legal adviser; or
  • (b) any body or organisation with which the Secretary of State has made arrangements for the confidential handling of correspondence,

unless either the condition in paragraph (2B) or the condition in paragraph (2C) is satisfied.

  • (2B) The condition in this paragraph is that—
  • (a) the governor has reasonable cause to believe that the communication is being made with the intention of furthering a criminal purpose; and
  • (b) the arrangements for interception of the communication are authorised by—
  • (i) the chief executive officer of His Majesty’s Prison and Probation Service;
  • (ii) the director responsible for national operational services of that service; or
  • (iii) the duty director of that service.
  • (2C) The condition in this paragraph is that—
  • (a) the communication is by means of a telecommunications system which facilitates the transmission of both images (whether moving or otherwise) and sound;
  • (b) the interception is only of the images and not of sound; and
  • (c) the governor considers that the arrangements are—
  • (i) necessary on grounds specified in paragraph (4); and
  • (ii) proportionate to what is sought to be achieved.
  • (3) Any communication by a prisoner may, during the course of its transmission in a prison, be terminated by an officer or an authorised employee if he considers that to terminate the communication is—
  • (a) necessary on grounds specified in paragraph (4) below; and
  • (b) proportionate to what is sought to be achieved by the termination.
  • (4) The grounds referred to in paragraphs (1)(a), (2)(a) , (2C)(c)(i) and (3)(a) above are—
  • (a) the interests of national security;
  • (b) the prevention, detection, investigation or prosecution of crime;
  • (c) the interests of public safety;
  • (d) securing or maintaining prison security or good order and discipline in prison;
  • (e) the protection of health or morals; or
  • (f) the protection of the rights and freedoms of any person.
  • (5) Any reference to the grounds specified in paragraph (4) above in relation to the interception of a communication by means of a telecommunications system in a prison, or the disclosure or retention of intercepted material from such a communication, shall be taken to be a reference to those grounds with the omission of sub-paragraph (f).
  • (6) For the purposes of this rule “interception”—
  • (a) in relation to a communication by means of a telecommunications system, means any action taken in relation to the system or its operation so as to make some or all of the contents of the communications available, while being transmitted, to a person other than the sender or intended recipient of the communication; and the contents of a communication are to be taken to be made available to a person while being transmitted where the contents of the communication, while being transmitted, are diverted or recorded so as to be available to a person subsequently; and
  • (b) in relation to any written or drawn communication, includes opening, reading, examining and copying the communication.

Permanent log of communications

35B
  • (1) The governor may arrange for a permanent log to be kept of all communications by or to a prisoner.
  • (2) The log referred to in paragraph (1) above may include, in relation to a communication by means of a telecommunications system in a prison, a record of the destination, duration and cost of the communication and, in relation to any written or drawn communication, a record of the sender and addressee of the communication.

Disclosure of material

35C

The governor may not disclose to any person who is not an officer of a prison or of the Secretary of State or an employee of the prison authorised by the governor for the purposes of this rule any intercepted material, information retained pursuant to rule 35B or material obtained by means of an overt closed circuit television system used during a visit unless—

  • (a) he considers that such disclosure is—
  • (i) necessary on grounds specified in rule 35A(4); and
  • (ii) proportionate to what is sought to be achieved by the disclosure; or
  • (b)
  • (i) in the case of intercepted material or material obtained by means of an overt closed circuit television system used during a visit, all parties to the communication or visit consent to the disclosure; or
  • (ii) in the case of information retained pursuant to rule 35B, the prisoner to whose communication the information relates, consents to the disclosure.

Retention of material

35D
  • (1) The governor shall not retain any intercepted material or material obtained by means of an overt closed circuit television system used during a visit for a period longer than 3 months beginning with the day on which the material was intercepted or obtained unless he is satisfied that continued retention of it is—
  • (a) necessary on grounds specified in rule 35A(4); and
  • (b) proportionate to what is sought to be achieved by the continued retention.
  • (2) Where such material is retained for longer than 3 months pursuant to paragraph (1) above the governor shall review its continued retention at periodic intervals until such time as it is no longer held by the governor.
  • (3) The first review referred to in paragraph (2) above shall take place not more than 3 months after the decision to retain the material taken pursuant to paragraph (1) above, and subsequent reviews shall take place not more than 3 months apart thereafter.
  • (4) If the governor, on a review conducted pursuant to paragraph (2) above or at any other time, is not satisfied that the continued retention of the material satisfies the requirements set out in paragraph (1) above, he shall arrange for the material to be destroyed.

Police interviews

Securing release

Observation of prisoners by means of an overt closed circuit television system

50A
  • (1) Without prejudice to his other powers to supervise the prison, prisoners and other persons in the prison, whether by use of an overt closed circuit television system or otherwise, the governor may make arrangements for any prisoner to be placed under constant observation by means of an overt closed circuit television system while the prisoner is in a cell or other place in the prison if he considers that—
  • (a) such supervision is necessary for—
  • (i) the health and safety of the prisoner or any other person;
  • (ii) the prevention, detection, investigation or prosecution of crime; or
  • (iii) securing or maintaining prison security or good order and discipline in the prison; and
  • (b) it is proportionate to what is sought to be achieved.
  • (2) If an overt closed circuit television system is used for the purposes of this rule, the provisions of rules 35C and 35D shall apply to any material obtained.

Determination of mode of inquiry

53A
  • (1) Before inquiring into a charge the governor must assess whether—
  • (a) the charge is so serious that additional days could be awarded for the offence if the prisoner is found guilty, or
  • (b) it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator.
  • (2) Where the governor determines that—
  • (a) sub-paragraph (a) or (b) of paragraph (1) applies, the governor must—
  • (i) refer the charge to the adjudicator immediately;
  • (ii) refer any other charge arising out of the same incident (“an associated charge”) to the adjudicator, and
  • (iii) inform the prisoner who has been charged that the charge has been referred to the adjudicator;
  • (b) neither sub-paragraph (a) nor sub-paragraph (b) of paragraph (1) applies, the governor must inquire into the charge.
  • (3) If—
  • (a) at any time during an inquiry into a charge by the governor, or
  • (b) following such an inquiry, after the governor has found the prisoner guilty of an offence but before the governor has imposed a punishment for that offence,

it appears to the governor either that the charge is so serious that additional days could be awarded for the offence or that it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator, the governor must act in accordance with paragraph (2)(a)(i) to (iii).

  • (4) Unless there are exceptional circumstances, the adjudicator must inquire into any charge referred in accordance with paragraph (3) no later than 28 days after the referral.
  • (5) Following a referral under paragraph (2), before inquiring into the charge the adjudicator must consider whether—
  • (a) the charge is so serious that additional days could be awarded for the offence if the prisoner is found guilty, or
  • (b) it is necessary or expedient for some other reason for the charge to be inquired into by the adjudicator.
  • (6) Where the adjudicator considers that neither sub-paragraph (a) nor sub-paragraph (b) of paragraph (5) applies, the adjudicator must—
  • (a) refer the charge and any associated charge back to the governor for the governor to inquire into, and
  • (b) inform the prisoner who has been charged that the charge has been referred back to the governor for inquiry.
  • (7) Where the adjudicator considers that alternative action should be taken by the governor, the adjudicator must—
  • (a) refer the charge and any associated charge back to the governor for review, and
  • (b) inform the prisoner who has been charged that the charge has been referred back to the governor for review.
  • (8) If neither paragraph (6) nor (7) applies the adjudicator must inquire into the charge.
  • (9) A charge inquired into by the governor following referral under paragraph (6) may not be referred back to the adjudicator.
  • (10) If—
  • (a) at any time during an inquiry into a charge by the adjudicator, or
  • (b) following such an inquiry, after the adjudicator has found the prisoner guilty of an offence, but before the adjudicator has imposed a punishment for that offence,

it appears to the adjudicator that alternative action should be taken; the adjudicator must refer the charge in accordance with paragraph (7).

  • (11) Where the adjudicator has referred a charge to the governor in accordance with paragraph (7), the governor must review the charge and may—
  • (a) take such action as the governor considers appropriate;
  • (b) refer the charge back to the adjudicator.
  • (12) Where the governor refers a charge back to the adjudicator under paragraph (11)(b)—
  • (a) the governor must inform the prisoner that the matter has been referred back to the adjudicator;
  • (b) the adjudicator may not refer the charge back to the governor, and
  • (c) the adjudicator must either inquire into the charge, or if the prisoner has already been found guilty, impose a punishment.

Rights of prisoners charged

Governor’s punishments

Adjudicator’s punishments

55A
  • (1) If he finds a prisoner guilty of an offence against discipline the adjudicator may, subject to paragraph (2) and to rule 57, impose one or more of the following punishments:
  • (a) the punishments mentioned in rule 55(1)(a) to 55(1)(h);
  • (b) in the case of a ... fixed-term prisoner, an award of additional days not exceeding 42 days.
  • (2) A caution shall not be combined with any other punishment for the same charge.
  • (3) If a prisoner is found guilty of more than one charge arising out of an incident, punishments under this rule may be ordered to run consecutively but, in the case of an award of additional days, the total period added shall not exceed 42 days and, in the case of a punishment of cellular confinement, the total period shall not exceed 21 days.
  • (4) This rule applies to a prisoner who has been charged with having committed an offence against discipline 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, provided the charge is referred to the adjudicator no later than 60 days after that date.
  • (5) Rule 53(3) shall not apply to a charge where, by virtue of paragraph (4), this rule applies to the prisoner who has been charged.

Forfeiture of remission to be treated as an award of additional days

Offences committed by young persons

Cellular confinement

Prospective award of additional days

Removal from a cell or living unit

59A

Following the imposition of a punishment of removal from his cell or living unit, a prisoner shall be accommodated in a separate part of the prison under such restrictions of earnings and activities as the Secretary of State may direct.

Suspended punishments

Remission and mitigation of punishments and quashing of findings of guilt

Compulsory testing for alcohol

50B
  • (1) This rule applies where an officer, acting under an authorisation in force under section 16B of the Prison Act 1952 (power to test prisoners for alcohol), requires a prisoner to provide a sample for the purpose of ascertaining whether he has alcohol in his body.
  • (2) When requiring a prisoner to provide a sample an officer shall, so far as is reasonably practicable, inform the prisoner—
  • (a) that he is being required to provide a sample in accordance with section 16B of the Prison Act 1952; and
  • (b) that a refusal to provide a sample may lead to disciplinary proceedings being brought against him.
  • (3) An officer requiring a sample shall make such arrangements and give the prisoner such instructions for its provision as may be reasonably necessary in order to prevent or detect its adulteration or falsification.
  • (4) Subject to paragraph (5) a prisoner who is required to provide a sample may be kept apart from other prisoners for a period not exceeding one hour to enable arrangements to be made for the provision of the sample.
  • (5) A prisoner who is unable to provide a sample of urine when required to do so may be kept apart from other prisoners until he has provided the required sample, except that a prisoner may not be kept apart under this paragraph for a period of more than 5 hours.
  • (6) A prisoner required to provide a sample of urine shall be afforded such degree of privacy for the purposes of providing the sample as may be compatible with the need to prevent or detect any adulteration or falsification of the sample; in particular a prisoner shall not be required to provide such a sample in the sight of a person of the opposite sex.

Defences to rule 51(10) and rule 51(11)

52A

It shall be a defence for a prisoner charged with an offence under rule 51(10) or (11) to show that—

  • (a) the alcohol was consumed by him in circumstances in which he did not know and had no reason to suspect that he was consuming alcohol;
  • (b) the alcohol was consumed by him without his consent in circumstances where it was not reasonable for him to have resisted; or
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disciplinary charges

Determination of mode of inquiry

Rights of prisoners charged

Governor’s punishments

Adjudicator’s punishments

Review of adjudicator’s punishment

55B
  • (1) A reviewer means the Senior District Judge (Chief Magistrate) or any deputy of such a judge as nominated by that judge.
  • (2) Where an adjudicator imposes a punishment under rule 55A(1), a compensation requirement under rule 55AB(2) or both, a prisoner may, within 14 days of receipt of the punishment or the imposition of the compensation requirement, whichever is later, request in writing that a reviewer conducts a review.
  • (3) The review must be commenced within 14 days of receipt of the request and must be conducted on the papers alone.
  • (4) The review may be of the punishment, the compensation requirement or both (whether or not the prisoner requested a review of both) but must not be a review of the finding of guilt under rule 55A.
  • (5) On completion of the review, if it appears to the reviewer that the imposition of the punishment, the compensation requirement or both was manifestly unreasonable he may do such of the following as he considers appropriate—
  • (a) reduce the number of any additional days awarded;
  • (b) for whatever punishment has been imposed by the adjudicator, substitute another punishment which is, in his opinion, less severe; ...
  • (c) quash the punishment entirely;
  • (d) reduce the amount of the compensation requirement.
  • (6) A prisoner requesting a review shall serve any additional days awarded under rule 55A(1)(b) unless and until they are reduced.

Forfeiture of remission to be treated as an award of additional days

Offences committed by young persons

Cellular confinement

Prospective award of additional days

Removal from a cell or living unit

Suspended punishments

Remission and mitigation of punishments and quashing of findings of guilt

List C Articles

70A

A List C article is any article or substance in the following list—

  • (a) tobacco;
  • (b) money;
  • (c) clothing;
  • (d) food;
  • (e) drink;
  • (f) letters;
  • (g) paper;
  • (h) books;
  • (i) tools;
  • (j) information technology equipment;
  • (k) electronic cigarettes;
  • (l) matches;
  • (m) lighters.

Control of persons and vehicles

Viewing of prisons

Visitors

Independent monitoring board

Health services

Delivery and receipt of legally privileged material

Prescription of certain matters in respect of prisoners’ earnings

31A
  • (1) The amount prescribed for the purpose of section 1(1)(b) of the Prisoners’ Earnings Act 1996 (“the 1996 Act”) is £20.
  • (2) The percentage prescribed for the purpose of section 1(2) of the 1996 Act is 40%.
  • (3) All amounts deducted or levied under section 1 of the 1996 Act shall be applied for the purpose referred to in section 2(1)(a) of the 1996 Act.
  • (4) Victim Support is prescribed as a voluntary organisation to which payments may be made under section 2(1)(a) of the 1996 Act.

Requirement to pay for damage to prison property

55AB
  • (1) This rule applies where a prisoner is found guilty of an offence under rule 51(17) or 51(17A) in respect of destroying or damaging any part of a prison or any other property belonging to a prison (“the relevant disciplinary offence”).
  • (2) The governor or, as the case may be, the adjudicator may require the prisoner to pay towards the cost of making good the damage from, or replacing any property destroyed as a result of, the commission of the relevant disciplinary offence.
  • (3) A requirement imposed under paragraph (2) is referred to in this rule and in rules 55B, 61 and 61A as a “compensation requirement”.
  • (4) The amount required to be paid under a compensation requirement must not exceed the cost of making good the damage from, or replacing any property destroyed as a result of, the commission of the relevant disciplinary offence and, in any event, must not exceed £2,000.
  • (5) A compensation requirement may be imposed instead of or in addition to any punishment imposed under rule 55 or 55A.
  • (6) A compensation requirement ceases to have effect after two years from the date on which it was imposed regardless of whether or not the full amount has been paid.

Review of adjudicator’s punishment

Forfeiture of remission to be treated as an award of additional days

Offences committed by young persons

Cellular confinement

Prospective award of additional days

Removal from a cell or living unit

Suspended punishments

Remission and mitigation of punishments , variation of compensation requirements and quashing of findings of guilt

Enforcement of compensation requirements

61A
  • (1) Where a compensation requirement has been imposed under rule 55AB(2), the governor may debit any amount of money with which the prisoner has been credited in the books of the prison under rule 43(3) in order to recover the whole or part of the amount required to be paid under the compensation requirement.
  • (2) The amount debited under paragraph (1) on any occasion must not be such as to reduce below £5 the amount with which the prisoner is credited in the books of the prison under rule 43(3).
  • (3) Where—
  • (a) a compensation requirement has been imposed under rule 60AB(2) of the Young Offender Rules 2000, and
  • (b) the person against whom the compensation requirement was imposed is detained in a prison,

the compensation order may be enforced under paragraph (1) as if it was a compensation requirement imposed under rule 55AB(2).

Compulsory testing for controlled drugs or specified drugs

Separation centres

46A
  • (1) Where it appears desirable, on one or more of the grounds specified in paragraph (2), the Secretary of State may direct that a prisoner be placed in a separation centre within a prison.
  • (2) The grounds referred to in paragraph (1) are—
  • (a) the interests of national security;
  • (b) to prevent the commission, preparation or instigation of an act of terrorism, a terrorism offence, or an offence with a terrorist connection, whether in a prison or otherwise;
  • (c) to prevent the dissemination of views or beliefs that might encourage or induce others to commit any such act or offence, whether in a prison or otherwise, or to protect or safeguard others from such views or beliefs, or
  • (d) to prevent any political, religious, racial or other views or beliefs being used to undermine good order and discipline in a prison.
  • (3) A direction given under paragraph (1) must be reviewed every three months.
  • (4) The Secretary of State may, at any time, revoke a direction given under paragraph (1) and direct that the prisoner be removed from the separation centre.
  • (5) In exercising any discretion under this rule, the Secretary of State must take account of any known relevant medical considerations.
  • (6) In this rule—
  • “act of terrorism” includes anything constituting an action taken for the purposes of terrorism within the meaning of section 1 of the Terrorism Act 2000;
  • “offence with a terrorist connection” means an offence listed in Schedule 2 of the Counter-Terrorism Act 2008, which also satisfies the definition in section 93 of that Act;
  • “separation centre” means any part of a prison for the time being used for holding prisoners who are subject to a direction under paragraph (1);
  • “terrorism offence” means an offence listed in section 41(1) of the Counter-Terrorism Act 2008.

Use of force

Temporary confinement

Restraints

Compulsory testing for controlled drugs , pharmacy medicines and other substances etc. ...

Observation of prisoners by means of an overt closed circuit television system

Compulsory testing for alcohol

SCHEDULE 2 — Definition of specified drug

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Coronavirus Restricted Temporary Release

9A

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Information to prisoners

Requests and complaints

Coronavirus period – transition period

2A

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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.

Rights of prisoners charged

Governor’s punishments

Adjudicator’s punishments

Requirement to pay for damage to prison property

Review of adjudicator’s punishment

Forfeiture of remission to be treated as an award of additional days

Offences committed by young persons

Cellular confinement

Prospective award of additional days

Removal from a cell or living unit

Suspended punishments

Remission and mitigation of punishments , variation of compensation requirements and quashing of findings of guilt

Enforcement of compensation requirements

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