The Prison and Young Offender Institution (Amendment) Rules 2014

Amendment of the Prison Rules 1999

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

(2) In rule 2(1)(2) (interpretation) omit the definitions of “short-term prisoner” and “long-term prisoner”.

(3) In rule 7 (classification of prisoners)—

(a) in paragraph (1) for “Prisoners” substitute “Subject to paragraphs (1A) to (1D), prisoners”; and

(b) after paragraph (1) insert—

“(1A) Except where paragraph (1D) applies, a prisoner who has the relevant deportation status must not be classified as suitable for open conditions.

(1B) If, immediately before the relevant time—

(a) a prisoner has been classified as suitable for open conditions; and

(b) the prison has received notice that the prisoner has the relevant deportation status,

the prisoner’s classification must be reconsidered in accordance with this rule as soon as practicable after the relevant time.

(1C) If—

(a) a prisoner has been classified as suitable for open conditions (whether before or after the relevant time); and

(b) the prison receives notice after the relevant time that the prisoner has the relevant deportation status,

the prisoner’s classification must be reconsidered in accordance with this rule as soon as practicable after the prison receives that notice.

(1D) This paragraph applies if a prisoner has been classified as suitable for open conditions and is located in open conditions immediately before the prisoner’s classification is reconsidered, whether under paragraph (1B) or (1C) or otherwise.

(1E) For the purposes of this rule, a prisoner has the relevant deportation status if—

(a) there is a deportation order against the prisoner under section 5(1) of the Immigration Act 1971(3); and

(b) no appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002(4) (“the 2002 Act”) that may be brought or continued from within the United Kingdom in relation to the decision to make the deportation order—

(i) could be brought (ignoring any possibility of an appeal out of time with permission), or

(ii) is pending (within the meaning of section 104 of the 2002 Act(5)).

(1F) In paragraph (1E), the reference to the decision to make the deportation order includes a decision that section 32(5) of the UK Borders Act 2007(6) applies in respect of the prisoner.

(1G) In this rule, “the relevant time” means 5.00 p.m on 13th August 2014.”.

(4) In rule 9(7) (temporary release)—

(a) in paragraph (1) for “The Secretary of State” substitute “Subject to paragraph (1A), the Secretary of State”;

(b) after paragraph (1) insert—

“(1A) A prisoner who has the relevant deportation status must not be released under this rule unless the prisoner is located in open conditions immediately before the time of release.”;

(c) after paragraph (8) insert—

“(8A) If, immediately before the relevant time, a prisoner has been released under this rule and the prison has received notice that the prisoner has the relevant deportation status, the prisoner must be recalled unless—

(a) the period for which the prisoner has been released is due to expire on 13th August 2014; or

(b) the prisoner was released from open conditions.

(8B) If a prisoner has been released under this rule (whether before or after the relevant time) and the prison receives notice after the relevant time that the prisoner has the relevant deportation status, the prisoner must be recalled unless—

(a) the period for which the prisoner has been released is due to expire on the day on which the prison receives that notice; or

(b) the prisoner was released from open conditions.”; and

(d) in paragraph (11), after sub-paragraph (b) insert—

“(c) any reference to a prisoner who has the relevant deportation status is to be read in accordance with rule 7(1E) and (1F); and

(d) any reference to the relevant time is to be read in accordance with rule 7(1G).”.

(5) In rule 55A(1)(b)(8) (adjudicator’s punishments) omit “short-term prisoner or long-term prisoner or”.

(6) In rule 59(2)(9) (prospective award of additional days) omit “short-term or long-term prisoner or”.

(1)

S.I. 1999/728.

(2)

There have been amendments but none are relevant.

(3)

1971 c. 77. There have been amendments but none are relevant.

(4)

2002 c. 41. Section 82(1) was amended by section 26(2) of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 (c. 19). It is also prospectively amended by section 15 of the Immigration Act 2014 (c. 41) but those amendments are not yet in force.

(5)

Section 104 was amended by paragraph 20 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, section 9 of the Immigration, Asylum and Nationality Act 2006 (c. 13) and paragraph 26 of Schedule 1 to S.I. 2010/21. It is also prospectively amended by para 47 of Schedule 9 to the Immigration Act 2014 but those amendments are not yet in force.

(6)

2007 c. 30.

(7)

There have been amendments but none are relevant.

(8)

Rule 55A was inserted by S.I. 2002/2116 and amended by S.I. 2005/3437.

(9)

Rule 59(2) was amended by S.I. 2005/3437.