The Prison (Amendment) Rules 2017

Amendment of the Prison Rules 1999

2.—(1) The Prison Rules 1999(1) are amended as follows.

(2) After rule 46 (close supervision centres) insert—

“46A.    Separation centres

(1) Where it appears desirable, on one or more of the grounds specified in paragraph (2), the Secretary of State may direct that a prisoner be placed in a separation centre within a prison.

(2) The grounds referred to in paragraph (1) are—

(a) the interests of national security;

(b) to prevent the commission, preparation or instigation of an act of terrorism, a terrorism offence, or an offence with a terrorist connection, whether in a prison or otherwise;

(c) to prevent the dissemination of views or beliefs that might encourage or induce others to commit any such act or offence, whether in a prison or otherwise, or to protect or safeguard others from such views or beliefs, or

(d) to prevent any political, religious, racial or other views or beliefs being used to undermine good order and discipline in a prison.

(3) A direction given under paragraph (1) must be reviewed every three months.

(4) The Secretary of State may, at any time, revoke a direction given under paragraph (1) and direct that the prisoner be removed from the separation centre.

(5) In exercising any discretion under this rule, the Secretary of State must take account of any known relevant medical considerations.

(6) In this rule—

“act of terrorism” includes anything constituting an action taken for the purposes of terrorism within the meaning of section 1 of the Terrorism Act 2000(2);

“offence with a terrorist connection” means an offence listed in Schedule 2 of the Counter-Terrorism Act 2008(3), which also satisfies the definition in section 93 of that Act;

“separation centre” means any part of a prison for the time being used for holding prisoners who are subject to a direction under paragraph (1);

“terrorism offence” means an offence listed in section 41(1) of the Counter-Terrorism Act 2008.”.

(1)

S.I. 1999/728. There have been amendments to these rules but none are relevant.

(2)

2000 c. 11. Section 1(1) was amended by section 34 of the Terrorism Act 2006 (c. 11) and section 75(1) of the Counter-Terrorism Act 2008 (c. 28).

(3)

2008 c. 28.