Explanatory Note
(This note is not part of the Rules)
These Rules amend the Prison Rules 1964, as amended, so that, where appropriate, they apply to offenders who are serving a sentence of detention in a young offender institution under Part I of the Criminal Justice Act 1982, as amended by section 123 of the Criminal Justice Act 1988 (which comes into force on 1st October 1988 (S.I.1988/1408)) and are detained in prison in accordance with the provisions of section 1C of the 1982 Act.
The amendments enable remission to be granted to such offenders and preserve the effect of any forfeiture of remission awarded whilst the offender was in a young offender institution. They also provide for the removal from association for a shorter period (not more than 14 days) than is provided for adult prisoners and for any disciplinary awards made in such an institution to remain in effect if, under section 13 of the Criminal Justice Act 1982, the sentence is converted to one of imprisonment. Rule 39 of the Prison Rules is amended so as to provide that a prisoner must not be stripped and searched in the sight or presence of an officer not of the same sex. Finally, the Rules contain transitional provisions to preserve the effect of any disciplinary award made before 1st October 1988 in respect of an offender sentenced to youth custody or ordered to be detained in a detention centre whose sentence is converted to one of detention in a young offender institution under paragraph 13 of Schedule 8 to the 1988 Act.