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Criminal Justice Act 1961

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23 Prison Rules.E+W

(1)For the purposes of rules under section forty-seven of the M1Prison Act 1952 (which authorises the making of rules for the regulation and management of prisons and the discipline and control of persons required to be detained therein) any offence against the rules committed by a prisoner may be treated as committed in the prison in which he is for the time being confined.

(2)Without prejudice to any power to make provision by rules under the said section forty-seven for the confiscation of money or articles conveyed or deposited in contravention of the said Act or of the rules, provision may be made by such rules for the withholding from prisoners (subject to such exceptions as may be prescribed by the rules) of any money or other article sent to them [F1by post], and for the disposal of any such money or article either by returning it to the sender (where the sender’s name and address are known) or in such other manner as may be prescribed by or determined under the rules:

Provided that in relation to a prisoner committed to prison in default of payment of any sum of money, the rules shall provide for the application of any money withheld as aforesaid in or towards the satisfaction of the amount due from him unless, upon being informed of the receipt of the money, he objects to its being so applied.

(3)A prisoner who would, apart from this subsection, be discharged on any of the days to which this subsection applies in his case shall be discharged on the next preceding day which is not one of those days.

The days to which this subsection applies are Sunday, Christmas Day, Good Friday and any day which under the M2Bank Holidays Act 1871 is a bank holiday in England and Wales and, in the case of a person who is serving a term of more than [F2five days] , any Saturday.

(4)In this section the references to prisons and prisoners include references respectively to [F3youth custody centres] , detention centres and [F4secure training centres]remand centres and to persons detained therein.

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F1Words in s. 23(2) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 17

F4Words in s. 23(4) inserted (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 11; S.I. 1995/127, art. 2(1), Sch. Appendix B

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