The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2020

Amendment of the Prison Rules 1999

2.—(1) The Prison Rules 1999(1) are amended as follows.

(2) After rule 9 (temporary release) insert the following—

“Coronavirus Restricted Temporary Release

9A.— (1) During a transmission control period, the Secretary of State may, in accordance with the other provisions of this rule, temporarily release a prisoner falling within a description specified in a direction made under this rule.

(2) A prisoner may only be released under this rule (subject to paragraph (3)) if—

(a) a transmission control period is in effect; and

(b) the prisoner is—

(i) a fixed term prisoner subject to release pursuant to section 244(2) of the 2003 Act; or

(ii) a fine defaulter or contemnor subject to release pursuant to section 258(3) of the 2003 Act; 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, prisons in England and Wales.

(3) A prisoner must not be released under this rule if—

(a) the prisoner would not be eligible for release on temporary licence under the following restrictions on rule 9 of these Rules (temporary release)—

(i) rule 9(1A) (prisoners with a relevant deportation status);

(ii) rule 9(6) (prisoners who have committed offences whilst at large following temporary release);

(iii) rule 9(9) (prisoners committed or remanded).

(b) the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003(4);

(c) the Secretary of State has classified the prisoner as Category A or restricted status in accordance with a direction under rule 7 (classification of prisoners).

(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) A prisoner 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 prisoner to—

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

(b) return to a prison at a specified time;

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

(7) A prisoner 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(5);

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

(3) In rule 51(8) (offences against discipline), after “under rule 9”, insert “or rule 9A”.

(4) In rule 51(9) (offences against discipline), after “under rule 9”, insert “or rule 9A”.

(1)

S.I. 1999/728.

(2)

Section 244 has been amended by sections 114(2) and 125(2) of, and paragraph 21 of Schedule 10, paragraph 6 of Schedule 14 and paragraph 2 of Schedule 17 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 9(2) of, and paragraph 18 of Schedule 3 to, the Offender Rehabilitation Act 2014 (c. 11), paragraph 5 of Schedule 1 to the Criminal Justice and Courts Act 2015 (c. 2) and section 2(3) of the Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3).

(3)

Section 258 has been amended by sections 117(1) and (6), 121(6) and 125(4) of, and paragraphs 1 and 5 of Schedule 17, and paragraphs 1 and 8 of Schedule 20 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and section 6 of, and paragraphs 14 and 19 of Schedule 1 to, the Criminal Justice and Courts Act 2015 (c. 2).

(4)

2003 c. 42.

(5)

2020 c. 7.