The Prison and Young Offender Institution (Amendment) Rules 2011

EXPLANATORY NOTE

(This note is not part of the Order)

These Rules make a number of amendments to the Prison Rules 1999 (“the 1999 Rules”) and the Young Offender Institution Rules 2000 (“the 2000 Rules”).

Paragraph 1 of Schedule 1 amends rule 11 of the 1999 Rules in relation to requests and complaints made by prisoners about their imprisonment. Paragraph 1(a) reframes the provision in existing rule 11(1) to emphasise that a prisoner may make a complaint about his or her imprisonment to the governor or independent monitoring board. Paragraph (1)(b) removes the requirement for requests and complaints to be heard daily by the governor and instead imposes a requirement for the governor to consider requests and complaints as soon as possible. Equivalent amendments are made to rule 8 of the 2000 Rules by paragraph 1 of Schedule 2.

Paragraph 2 of Schedule 1 inserts new rule 31A into the 1999 Rules to prescribe certain matters in respect of prisoners’ earnings, for the purposes of the Prisoners’ Earnings Act 1996.

Under the Prisoners’ Earnings Act 1996, and by virtue of new rule 31A, the governor of a prison may make a deduction from, or impose a levy on, a prisoner’s net weekly earnings for enhanced wages work, where those net weekly earnings exceed £20. Enhanced wages work means any work which is not directed work (that is, it is not work which the prisoner is directed to do in pursuance of prison rules) and to which the rates of pay and productivity applicable are higher than those that would be applicable if it were directed work.

The percentage of the excess which may be deducted or levied is 40%.

All amounts deducted or levied are to be applied for the purpose of making payments (directly or indirectly) to prescribed voluntary organisations concerned with victim support or crime prevention or both. The organisation prescribed by paragraph 2 for this purpose is Victim Support (registered charity number: 298028).

Paragraph 3 of Schedule 1 amends rule 35A(2A) of the 1999 Rules which enables a prisoner’s legal or other confidential communications to be intercepted if the grounds set out in the rule are satisfied and the interception is authorised by the chief operating officer of the prison service. The amendment removes the reference to the chief operating officer and provides instead that the interception must be authorised by the chief executive officer, director responsible for national operational services or duty director of the National Offender Management Service. An equivalent amendment is made to rule 11(2A) of the 2000 Rules by paragraph 2 of Schedule 2.

Paragraphs 4 and 5 of Schedule 1 amend the 1999 Rules in relation to offences against discipline. Under rule 60(3)(b) of the 1999 Rules, where an award of additional days has been suspended and a prisoner is charged with a further disciplinary offence during the suspension period, the governor may refer that charge to an adjudicator. Paragraph 4 of Schedule 1 amends rule 53(3)(b) of the 1999 Rules to provide that, where a charge is referred to an adjudicator under rule 60(3)(b), the adjudicator must inquire into the charge within 28 days. Paragraph 3 of Schedule 2 makes equivalent amendments to rule 58 of the 2000 Rules.

Paragraph 5 of Schedule 1 amends rule 53A of the 1999 Rules which provides for disciplinary charges to be referred to an adjudicator where the governor considers that the charge is so serious that additional days ought to be awarded for the offence if the prisoner is found guilty. The amendment made by paragraph 5 of Schedule 1 provides that a charge may also be referred to an adjudicator if this is considered necessary or expedient for some other reason. Equivalent amendments are made to rule 58A of the 2000 Rules by paragraph 4 of Schedule 2.

A full impact assessment has not been produced for this instrument.