The Prison (Amendment) (No. 3) Rules 1988

1.  These Rules may be cited as the Prison (Amendment) (No. 3) Rules 1988 and shall come into force on 1st October 1988.

2.  The Prison Rules 1964(1) shall be amended as follows:—

(a) in rule 5(3)(a)(2), there shall be substituted for the words “a detention centre order, a youth custody sentence” the words “a sentence of detention in a young offender institution”;

(b) in rule 39(3), there shall be added at the end the words “or in the sight or presence of an officer not of the same sex”.

(c) in rule 43(2), there shall be added at the end the words “except that, in the case of a person aged less than 21 years who is detained in prison by virtue of a sentence of detention in a young offender institution, such an authority shall be for a period not exceeding 14 days, but may be renewed from time to time for a like period”.

(d) in rule 54(2)(3), for the words “youth custody”, there shall be substituted the words “detention in a young offender institution”;

(e) in rule 54A(4), after the words “youth custody” there shall be inserted the words “or detention in a young offender institution”; and

(f) in rule 54B(4), there shall be added, after paragraph (2), the following paragraph:—

“(3) In the case of a person detained in a prison who, by virtue of paragraph 12 of Schedule 8 to the Criminal Justice Act 1988, on 1st October 1988 falls to be treated for all purposes of detention, release and supervision as if his sentence had been a sentence of detention in a young offender institution, any award for an offence against discipline made in respect of him before that date under Rule 50, 51 or 52 of these Rules or treated, by virtue of Rule 5(4A)((5)) thereof, as having been imposed under these Rules shall, if it has not been exhausted or remitted, continue to have effect as if it had been made under Rule 50, 51 or 52 of these Rules, as the case may be.”.

Douglas Hurd

One of Her Majesty’s Principal Secretaries of State

Home Office

5th August 1988