The Prison Rules 1999

Changes over time for: PART I

Version Superseded: 07/06/2016

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Status:

Point in time view as at 13/08/2014.

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PART IE+W

Citation and commencementE+W

1. These Rules may be cited as the Prison Rules 1999 and shall come into force on 1st April 1999.

InterpretationE+W

2.—(1) In these Rules, where the context so admits, the expression—

[F1“adjudicator” means a District Judge (Magistrates' Courts) or Deputy District Judge (Magistrates' Courts) approved by the Lord Chancellor for the purpose of inquiring into a charge which has been referred to him;]
[F2“communication” includes any written or drawn communication from a prisoner to any other person, whether intended to be transmitted by means of a postal service or not, and any communication from a prisoner to any other person transmitted by means of a telecommunications system;]
M1“controlled drug" means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971 ;
“convicted prisoner" means, subject to the provisions of rule 7(3), a prisoner who has been convicted or found guilty of an offence or committed or attached for contempt of court or for failing to do or abstain from doing anything required to be done or left undone, and the expression “unconvicted prisoner" shall be construed accordingly;
[F3“fixed term prisoner has the meaning assigned to it by section 237(1) of the Criminal Justice Act 2003;]
“governor" includes an officer for the time being in charge of a prison;
[F4“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 and who is working within the prison F5...;]
[F6“health care provider” includes any provider of health services, whether or not commissioned by an NHS body (within the meaning given by [F7section 275(1)] of the National Health Service 2006);]
[F8“information technology equipment” includes any laptop or notebook computer, desktop computer, gaming console, handheld computing device, personal organiser or any electronic device containing a computer processor and capable of connecting to the internet, and any reference to information technology equipment includes a reference to–
(a)
a component part of a device of that description; or
(b)
any article designed or adapted for use with any information technology equipment (including any disk, film or other separate article on which images, sounds, computer code or other information may be stored or recorded);]
[F2“intercepted material” means the contents of any communication intercepted pursuant to these Rules;]
[F9“intermittent custody order” has the meaning assigned to it by section 183 of the Criminal Justice Act 2003;]
“legal adviser" means, in relation to a prisoner, his counsel or solicitor, and includes a clerk acting on behalf of his solicitor;
M2“officer" means an officer of a prison and, for the purposes of rule 40(2), includes a prisoner custody officer who is authorised to perform escort functions in accordance with section 89 of the Criminal Justice Act 1991 ;
“prison minister" means, in relation to a prison, a minister appointed to that prison under section 10 of the Prison Act 1952;
F10 ...
F11...
[F2“telecommunications system” means any system (including the apparatus comprised in it) which exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy;]
[F12“the 2003 Act” means the Criminal Justice Act 2003.]

(2) In these Rules—

(a)a reference to an award of additional days means additional days awarded under these Rules by virtue of section 42 of the Criminal Justice Act 1991 [F13or by virtue of section 257 of the 2003 Act];

(b)a reference to the Church of England includes a reference to the Church in Wales; and

(c)a reference to a numbered rule is, unless otherwise stated, a reference to the rule of that number in these Rules and a reference in a rule to a numbered paragraph is, unless otherwise stated, a reference to the paragraph of that number in that rule.

Textual Amendments

F1Words in rule 2(1) substituted (18.4.2005) by The Prison (Amendment) Rules 2005 (S.I. 2005/869), rule 1(1), Sch. 1 para. 1 (with rule 1(2))

F2Words in rule 2(1) added (24.10.2000) by The Prison (Amendment) (No. 2) Rules 2000 (S.I. 2000/2641), rules 1, 3

F3Words in rule 2(1) inserted (3.1.2006) by The Prison (Amendment) (No. 2) Rules 2005 (S.I. 2005/3437), rule 1, Sch. 1 para. 1(a)(i)

F4Words in rule 2(1) inserted (3.1.2006) by The Prison (Amendment) (No. 2) Rules 2005 (S.I. 2005/3437), rule 1, Sch. 1 para. 1(a)(ii)

F5Words in rule 2 omitted (1.1.2010) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 1 para. 1(a)

F6Words in rule 2 inserted (1.1.2010) by The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 1 para. 1(b)

F7Words in rule 2(1) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 35

F8Words in rule 2(1) added (1.4.2008) by The Prison (Amendment) Rules 2008 (S.I. 2008/597), rules 1, 3

F9Words in rule 2(1) added (26.1.2004) by The Prison (Amendment) Rules 2003 (S.I. 2003/3301), rules 1, 3

F10Words in rule 2 omitted (1.1.2010) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2009 (S.I. 2009/3082), rule 1, Sch. 1 para. 1(c)

F11Words in rule 2(1) omitted (13.8.2014 at 5.00 p.m.) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2014 (S.I. 2014/2169), rules 1, 2(2)