The Secure Training Centre (Coronavirus) (Amendment) Rules 2020

Statutory Instruments

2020 No. 664

Secure Training Centres, England And Wales

The Secure Training Centre (Coronavirus) (Amendment) Rules 2020

Made

25th June 2020

Laid before Parliament

1st July 2020

Coming into force

2nd July 2020

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

Citation, commencement and expiry

1.—(1) These Rules may be cited as the Secure Training Centre (Coronavirus) (Amendment) Rules 2020 and come into force on 2nd July 2020.

(2) These Rules cease to have effect on 25th March 2022.

Temporary modification of the Secure Training Centre Rules 1998

2.—(1) The Secure Training Centre Rules 1998(2) have effect as if amended in accordance with paragraphs (2) to (5).

(2) In rule 2 (interpretation)—

(a) before the definition of “centre” insert—

““the 2020 Act” means the Coronavirus Act 2020.”(3);

(b) after the definition of “officer” omit “and”;

(c) after the definition of “trainee” insert—

““transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.”.

(3) After rule 11(1) (personal letters, telephone calls and visits) insert—

“(1A) During a transmission control period, the Secretary of State may, either generally or in a particular case, and for such periods of time as the Secretary of State considers necessary, suspend any entitlement to a visit under paragraphs (1)(b) and (2), if the Secretary of State considers that such a suspension is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to trainees or the Secure Training Centre and proportionate to what is sought to be achieved.

(1B) In paragraph (1A), “coronavirus” has the meaning given by section 1 (meaning of “coronavirus” and related terminology) of the 2020 Act.”.

(4) In rule 27(1) (regime activities), after “shall” insert “(or during a transmission control period shall so far as reasonably practicable)”.

(5) In rule 28(2) (education and training), after “shall” insert “(or during a transmission control period shall so far as reasonably practicable)”.

Lucy Frazer

Minister of State

Ministry of Justice

25th June 2020

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules temporarily modify the Secure Training Centre Rules 1998 (S.I. 1998/472) (“the STC Rules”). The modifications are in response to the effect of the coronavirus pandemic in Secure Training Centres and apply during a transmission control period.

Rule 1 provides that the modifications made by these Rules cease to have effect on 25th March 2022.

Rule 2(2) inserts new definitions into the STC Rules including defining a “transmission control period”.

Rule 2(3) modifies rule 11 of the STC Rules to insert a rule 11(1A) which allows the Secretary of State to suspend a trainee’s statutory entitlement to visitors where necessary as a result of effects arising from the coronavirus.

Rules 2(4) and (5) modify rules 27 and 28 of the STC Rules to provide greater flexibility to comply with the requirements of these rules during a transmission control period.

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).

(2)

S.I. 1998/472, amended by S.I. 2003/3005; there are other amending instruments but none is relevant.

(3)

2020 c. 7.