The Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2005

Amendment of rule 48 of the principal rules

6.—(1) In rule 48(2) of the principal rules the words “a member of the board of visitors,” are omitted.

(2) After rule 48(3) of the principal rules insert –

“(3A) The governor shall inform a member of the board of visitors:

(a) that he has ordered that a prisoner be put under restraint, and

(b) of the date, time and location of the first review of the order.

(3B) The governor shall inform a member of the board of visitors of the matters in paragraph (3A) as soon as practicable and in any event no later than 24 hours after the order that the prisoner be put under restraint is made.

(3C) The governor shall keep a written record of all contact and attempted contact with members of the board of visitors under this rule.

(3D) Unless it is not reasonably practicable, a member of the board of visitors shall be present at all reviews of the order that a prisoner be put under restraint.

(3E) The governor shall as soon as reasonably practicable inform a member of the board of visitors:

(a) of any changes to the date, time or location of the first review of the order that the prisoner be put under restraint,

(b) the date, time and location of any subsequent reviews of the order that the prisoner be put under restraint, and

(c) any changes to the date, time or location of any subsequent reviews.

(3F) The board of visitors shall satisfy itself that:

(a) the procedure under this rule for making and reviewing the order to put the prisoner under restraint has been followed, and

(b) the decision of the governor to make the order putting the prisoner under restraint is reasonable in all the circumstances of the case.

(3G) In order to satisfy itself of the matters in paragraph (3F) the board of visitors shall be entitled to inspect the evidence on which the governor’s decision was based, unless such evidence falls within paragraph (3H).

(3H) Evidence falls within this paragraph if:

(a) it should not be inspected by the board of visitors for the purpose of safeguarding national security;

(b) its inspection by the board of visitors would, or would be likely to prejudice the administration of justice;

(c) its inspection by the board of visitors would, or would be likely to endanger the physical or mental health of any individual; or

(d) its inspection by the board of visitors would, or would be likely to endanger the safety of any individual.

(3I) If the board of visitors is not satisfied of any of the matters set out in paragraph (3F) it shall draw this to the attention of the governor, in writing, who must, review the procedure for arranging and reviewing the order to put the prisoner under restraint, review his decision to make the order putting the prisoner under restraint and take such other steps as are reasonable in all the circumstances of the case.

(3J) The governor must take the steps in paragraph (3I) promptly and in any event within seven days and the board of visitors shall not refer a matter to the Secretary of State under paragraph (3K) until the governor has taken the steps in paragraph (3I) or the end of the seven days whichever is earlier.

(3K) If after drawing a matter to the attention of the governor under paragraph (3I) the board of visitors is still not satisfied of any of the matters set out in paragraph (3F) it shall draw this to the attention of the Secretary of State in writing.

(3L) If a matter is referred to the Secretary of State under paragraph (3K) he must consider the matter and take such steps as are reasonable in all the circumstances of the case.”

(3) In Rule 48(7) of the principal rules the word “both” and the words “and a member of the board of visitors” are omitted.