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The Prison (Amendment) Rules 2005

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Explanatory Note

(This note is not part of the Rules)

These Rules amend the Prison Rules 1999. Rule 2 introduces the Schedule, which sets out the following amendments to the 1999 Rules.

Paragraph 1 amends rule 2 to provide that references to an “adjudicator” mean a District Judge (Magistrates' Courts) or a Deputy District Judge (Magistrates' Courts) approved by the Lord Chancellor.

Paragraph 2 amends rule 42 so as to prohibit a copy of any personal record being given to a person not authorised to receive it.

Paragraph 3 inserts a new rule 50B which establishes the procedure which is to apply where an officer requires a prisoner to provide a sample under section 16B of the Prison Act 1952.

Paragraph 4 amends rule 51 to change the way in which certain offences under the Prison Rules apply.

Paragraph 5 inserts a new rule 52A which provides a defence to the disciplinary offences of being intoxicated or having consumed alcohol.

Paragraph 6 inserts a new rule 55B which provides for a reviewer to review a punishment imposed by an adjudicator and sets out the procedure to be followed when a prisoner requests such a review.

Paragraph 7 amends rule 61 with the effect that the Secretary of State may not under that rule consider adjudications referred to an adjudicator, although a governor may do so on grounds of good behaviour.

Paragraph 8 amends rule 71 with the effect that those visiting prisons in whatever capacity may be photographed, fingerprinted or required to submit to other physical measurement.

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