The Prison and Young Offender Institution (Amendment) (No. 2) Rules 2016

Statutory Instruments

2016 No. 945

Prisons, England And Wales

Young Offender Institutions, England And Wales

The Prison and Young Offender Institution (Amendment) (No. 2) Rules 2016

Made

21st September 2016

Laid before Parliament

22nd September 2016

Coming into force

17th October 2016

The Secretary of State makes the following Rules in exercise of the powers conferred by sections 47(1) and (3A) of the Prison Act 1952(1).

Citation and commencement E+W

1.  These Rules may be cited as the Prison and Young Offender Institution (Amendment) (No. 2) Rules 2016 and come into force on 17th October 2016.

Commencement Information

I1 Rule 1 in force at 17.10.2016, see rule 1

Amendment of the Prison Rules 1999 E+W

2.—(1) Rule 2(1) (interpretation) of the Prison Rules 1999(2) is amended as follows.

(2) In the definition of “specified drug”—

(a) after “containing” insert “one or more of the following”;

(b) at the end of sub-paragraph (h) omit “and”, and

(c) after sub-paragraph (i) insert—

“(j) PB-22 (Quinolin-8-yl-1-pentyl-1H-indole-3-carboxylate);

(k) 5F-MDMB-PINACA (Methyl-[2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate]);

(l) AB-CHMINACA (N-[-1-(Aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide);

(m) 5F-AMB (Methyl 2-({[1-(5-fluoropentyl)-1H-indazol-3-yl]carbonyl}amino)-3-methylbutanoate);

(n) AMB-FUBINACA (Methyl-2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamide)-3-methylbutanoate);

(o) Etizolam (4-(2-Chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine);

(p) ADB-CHMINACA (N-[1-(aminocarbonyl)-2,2-dimethylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide);”.

Commencement Information

I2 Rule 2 in force at 17.10.2016, see rule 1

Amendment of the Young Offender Institution Rules 2000 E+W

3.—(1) Rule 2(1) (interpretation) of the Young Offender Institution Rules 2000(3) is amended as follows.

(2) In the definition of “specified drug”—

(a) after “containing” insert “one or more of the following”;

(b) at the end of sub-paragraph (h) omit “and”, and

(c) after sub-paragraph (i) insert—

“(j) PB-22 (Quinolin-8-yl-1-pentyl-1H-indole-3-carboxylate);

(k) 5F-MDMB-PINACA (Methyl-[2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate]);

(l) AB-CHMINACA (N-[-1-(Aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide);

(m) 5F-AMB (Methyl 2-({[1-(5-fluoropentyl)-1H-indazol-3-yl]carbonyl}amino)-3-methylbutanoate);

(n) AMB-FUBINACA (Methyl-2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamide)-3-methylbutanoate);

(o) Etizolam (4-(2-Chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine);

(p) ADB-CHMINACA (N-[1-(aminocarbonyl)-2,2-dimethylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide);”.

Commencement Information

I3 Rule 3 in force at 17.10.2016, see rule 1

Sam Gyimah

Parliamentary Under Secretary of State

Ministry of Justice

21st September 2016

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Prison Rules 1999 (S.I. 1999/728) (“the 1999 Rules”) and the Young Offender Institution Rules 2000 (S.I. 2000/3371) (“the 2000 Rules”). These Rules amend the definition of “specified drug” in rule 2(1) of the 1999 Rules and rule 2(1) of the 2000 Rules. Products or substances that fall within those definitions are “specified drugs” for the purposes of section 16A (testing prisoners for drugs) of the Prison Act 1952 (c. 52) (“the Act”). The effect of section 16A of the Act is that a prison officer can require a prisoner or an inmate to provide a sample for the purposes of ascertaining whether there is a specified drug in the body of the prisoner or inmate. These Rules make a minor amendment to clarify that a “specified drug” is a product or substance that contains one or more of the chemical compounds listed in the definitions. In addition, these Rules amend the definitions of “specified drug” to include a number of additional chemical compounds.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

1952 c. 52. Section 47(1) was amended by section 6(2) of the Criminal Justice and Public Order Act 1994 (c. 33) and paragraph 3(2) of Schedule 9 to the Criminal Justice and Courts Act 2015 (c. 2). Section 47(3A) of the Prison Act 1952 was inserted by section 16(3) of the Criminal Justice and Courts Act 2015.

(2)

S.I. 1999/728; amended by S.I. 2000/2641, 2003/3301, 2005/869, 2005/3437, 2008/597, 2009/3082, 2013/235, 2014/2169, 2016/583.

(3)

S.I. 2000/3371; amended by S.I. 2005/897, 2005/3438, 2008/599, 2009/3082, 2013/235, 2014/2169, 2016/583.