The Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Prison and Young Offenders Centre Rules (Northern Ireland) 1995 (“the principal rules”).

They make amendments to the principal rules to make arrangements in relation to separated prisoners. A definition of separated prisoner is inserted into rule 4 of the principal rules by rule 3. Rule 8 inserts a new part into the principal rules which makes provision specifically in relation to separated prisoners. Under that new part rules 2(d) and (e), 51(1) and (5), 52(4), 99(1), 103(2) and part of 103(3) of the principal rules will not apply to separated prisoners (new rule 109A). Under that new part it will also be possible for separated prisoners to be awarded loss of remission for committing offences against prison discipline (new rules 109B to 109E). The part provides that loss of remission may only be awarded after a referral of an offence, by a prison governor, to a Commissioner. The Commissioner is appointed under section 2(2) of the Prison Act (Northern Ireland) 1953 for the purpose of hearing referrals under new rule 109B of the principal rules. The new part makes provision in relation to the procedure of the Commissioner and the rights of separated prisoners referred to the Commissioner.

The principal rules which relate to the power of a prison governor to award loss of remission are revoked by rule 4 and rule 7 of the Rules because that power is incompatible with Article 6 of the European Convention on Human Rights.

In relation to all prisoners rule 5 of the Rules provides for two new offences against prison discipline. The offences relate to the wearing of clothing or articles such as to arouse a suspicion of support or membership of a proscribed organisation and the concealing of identity using hoods and other items.

The level of the awards which a prison governor can make, in relation to those sentenced to imprisonment and those ordered to be detained in a young offenders centre, is increased by rule 6.