Statutory Instruments
Prisons, England And Wales
Young Offender Institutions, England And Wales
Made
13th May 2020
Laid before Parliament
14th May 2020
Coming into force in accordance with rule 1(1) and (2)
The Secretary of State makes the following Rules in exercise of the powers conferred by section 47(1) of the Prison Act 1952 M1.
Marginal Citations
M11952 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).
1.—(1) These Rules may be cited as the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 and, except as provided in paragraph (2), come into force on 15th May 2020.
(2) The amendments made by rule 2 and rule 3 come into force on 25th March 2022.
(3) These Rules, except for paragraph (2), rule 2 and rule 3, cease to have effect on 25th March 2022.
Commencement Information
I1Rule 1 in force at 15.5.2020 and rule ceases to have effect (except rule 1(2)) on 25.3.2022, see rule 1(1)(3)
Valid from 25/03/2022
2.—(1) The Prison Rules 1999 M2 are amended as follows.
(2) Omit rule 9A (coronavirus restricted temporary release) M3.
(3) In rule 51(8) and (9), omit “or rule 9A”.
Commencement Information
I2Rule 2 in force at 25.3.2022, see rule 1(2)
Marginal Citations
M3Rule 9A was inserted by S.I. 2020/400.
Valid from 25/03/2022
3.—(1) The Young Offender Institution Rules 2000 M4 are amended as follows.
(2) Omit rule 5A (coronavirus restricted temporary release) M5.
(3) In rule 55(9) and 55(10), omit “or rule 5A”.
Commencement Information
I3Rule 3 in force at 25.3.2022, see rule 1(2)
Marginal Citations
M5Rule 5A was inserted by S.I. 2020/400.
4. Schedule 1 contains temporary modifications of the Prison Rules 1999.
Commencement Information
I4Rule 4 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
5. Schedule 2 contains temporary modifications of the Young Offender Institution Rules 2000.
Commencement Information
I5Rule 5 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Lucy Frazer
Minister of State
Ministry of Justice
Rule 4
1. The Prison Rules 1999 have effect as if amended in accordance with paragraphs 2 to 13.E+W
Commencement Information
I6Sch. 1 para. 1 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
2. In rule 2(1) (interpretation) M6—E+W
(a)after the definition of “convicted prisoner” insert—
““coronavirus” has the meaning given by section 1 of the 2020 Act (meaning of “coronavirus” and related terminology);
“coronavirus period” means the period of time inclusive of a transmission control period and the transition period which follows it;”;
(b)after the definition of “the 2003 Act” insert—
““the 2020 Act” means the Coronavirus Act 2020 M7;
“transition period” means the period provided for by rule 2A;
“transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.”.
Commencement Information
I7Sch. 1 para. 2 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Marginal Citations
M6There are amending instruments but none is relevant.
3. After rule 2 insert—E+W
2A.—(1) Subject to paragraphs (2) to (5), a transition period is the period of 3 months starting on the date on which a transmission control period ends.
(2) The Secretary of State may declare that a transition period is extended by such period of up to 1 month as is specified in the declaration, if the Secretary of State considers that the declaration is necessary as a result of the effects, existing or new, of coronavirus on or in relation to prisoners or prisons.
(3) The Secretary of State—
(a)may declare that a transition period which has already been extended is further extended by such period of up to 1 month as is specified in the declaration; and
(b)subject to paragraph (4), may make further such declarations.
(4) The total period of the transition period must not exceed 6 months.
(5) The Secretary of State may at any time declare that a transition period has ended, or is to end, on such date, earlier than the transition period would otherwise end as is specified in the declaration.
(6) Any declaration under paragraph (2), (3) or (5) must be published in such a manner as the Secretary of State considers appropriate.”.
Commencement Information
I8Sch. 1 para. 3 in force at 15.5.2020, see rule 1(1)
4. In rule 14 (special duties of chaplains and prison ministers)—E+W
(a)in paragraph (1), after “shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”;
(b)in paragraph (2), after “The chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”;
(c)in paragraph (3), after “The chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.
Commencement Information
I9Sch. 1 para. 4 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
5. In rule 16(1) (religious services), after “The chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.E+W
Commencement Information
I10Sch. 1 para. 5 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
6. In rule 32 (education)—E+W
(a)in paragraph (2), after “Educational classes shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”;
(b)in paragraph (4), after “arrangements shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.
Commencement Information
I11Sch. 1 para. 6 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
7. After rule 35(2A) (personal letters and visits) M8 insert—E+W
“(2B) During a coronavirus 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 paragraph (1), (2)(b) and (2A), 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 prisoners or the prison and proportionate to what is sought to be achieved.”.
Commencement Information
I12Sch. 1 para. 7 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Marginal Citations
M8Rule 35(2A) was inserted by S.I. 2003/3301.
8. In rule 46(2) (close supervision centres) M9, after “for a period not exceeding one month” insert “ , or, during a coronavirus period, three months, ”.E+W
Commencement Information
I13Sch. 1 para. 8 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Marginal Citations
M9Rule 46(2) was amended by S.I. 2000/1794.
9. In rule 53(3) (disciplinary charges) M10, after “in accordance with rule 55A(5)” insert “ or 53B(3) ”.E+W
Commencement Information
I14Sch. 1 para. 9 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Marginal Citations
M10Rule 53(3) was amended by S.I. 2002/2116 and S.I. 2011/1663.
10. In rule 53A(3)(a) (determination of mode of inquiry) M11, after the words “charge by the governor” insert “ , including an inquiry by the governor under rule 53B(2) ”.E+W
Commencement Information
I15Sch. 1 para. 10 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Marginal Citations
M11Rule 53A(3) was inserted by S.I. 2002/2116 and amended by S.I. 2011/1663.
11. After rule 53A (determination of mode of inquiry) insert—E+W
53B.—(1) This rule applies during a coronavirus period.
(2) Where a charge has been referred to an adjudicator under rule 53A or rule 60(3)(b) and the Senior District Judge (Chief Magistrate) considers that because of the effects of coronavirus it is not reasonably practicable for the charge to be—
(a)first inquired into by an adjudicator in accordance with rule 53(3)(b) or rule 53A(3); or
(b)continued to be inquired into by an adjudicator,
the Senior District Judge (Chief Magistrate) may refer the charge back to the governor as soon as possible for the governor to inquire into it.
(3) A charge referred back to the governor under paragraph (2) shall be first inquired into by the governor not later, save in exceptional circumstances, than 14 days after the Senior District Judge (Chief Magistrate) referred the charge back.
(4) A charge inquired into by the governor under paragraph (2) is not to be treated as one being inquired into by an adjudicator, and accordingly the governor cannot impose a punishment under rule 55A (adjudicator's punishments).
(5) This rule applies to a prisoner who has been charged with having committed an offence against discipline and referred to an adjudicator under rule 53A or 60(3)(b) before the date on which the rule came into force in the same way as it applies to a prisoner who has been charged with having committed an offence against discipline on or after that date.”.
Commencement Information
I16Sch. 1 para. 11 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
12. In rule 73 (visitors) M12—E+W
(a)after paragraph (1) insert—
“(1A) During a coronavirus period, the Secretary of State may prohibit visits by all persons or classes of persons to a prison or to a prisoner in a prison for such periods of time as the Secretary of State considers necessary, if the Secretary of State considers that such prohibition is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to prisoners or the prison.”;
(b)in paragraph (2), for “Paragraph (1)” substitute “ Paragraphs (1) and (1A) ”.
Commencement Information
I17Sch. 1 para. 12 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Marginal Citations
M12Rule 73 was amended by S.I. 2000/2641 and S.I. 2008/597.
13. In rule 82 (contracted out prisons) M13—E+W
(a)in paragraph (1)(b)(iii), after “53A,” insert “ 53B, ”;
(b)in paragraph (1A), after “53A,” insert “ 53B, ”.
Commencement Information
I18Sch. 1 para. 13 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Marginal Citations
M13Rule 82 was amended by S.I. 2007/2954, S.I. 2007/3149 and S.I. 2013/2462.
Rule 5
1. The Young Offender Institution Rules 2000 have effect as if amended in accordance with paragraphs 2 to 15.E+W
Commencement Information
I19Sch. 2 para. 1 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
2. In rule 2(1) (interpretation) M14—E+W
(a)after the definition of “controlled drug” insert—
““coronavirus” has the meaning given by section 1 of the 2020 Act (meaning of “coronavirus” and related terminology);
“coronavirus period” means the period of time inclusive of a transmission control period and the transition period which follows it;”;
(b)after the definition of “the 2003 Act” insert—
““the 2020 Act” means the Coronavirus Act 2020;
“transition period” means the period provided for by rule 2A;
“transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.”.
Commencement Information
I20Sch. 2 para. 2 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Marginal Citations
M14There are amending instruments but none is relevant.
3. After rule 2 insert—E+W
2A.—(1) Subject to paragraphs (2) to (5), a transition period is the period of 3 months starting on the date on which a transmission control period ends.
(2) The Secretary of State may declare that a transition period is extended by such period of up to 1 month as specified in the declaration, if the Secretary of State considers that the declaration is necessary as a result of the effects, existing or new, of coronavirus on or in relation to inmates or young offender institutions.
(3) The Secretary of State—
(a)may declare that a transition period which has already been extended is further extended by such period of up to 1 month as is specified in the declaration; and
(b)subject to paragraph (4), may make further such declarations.
(4) The total period of the transition period must not exceed 6 months.
(5) The Secretary of State may at any time declare that a transition period has ended, or is to end, on such date, earlier than the transition period would otherwise end as is specified in the declaration.
(6) Any declaration under paragraph (2), (3) or (5) must be published in such a manner as the Secretary of State considers appropriate.”.
Commencement Information
I21Sch. 2 para. 3 in force at 15.5.2020, see rule 1(1)
4. After rule 10(1) (personal letters and visits) insert—E+W
“(1A) During a coronavirus 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 paragraph (1)(b), 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 inmates or the young offender institution and proportionate to what is sought to be achieved.”.
Commencement Information
I22Sch. 2 para. 4 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
5. In rule 31 (special duties of chaplains and appointed ministers)—E+W
(a)in paragraph (1), after “shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”;
(b)in paragraph (2), after “The chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable), ”;
(c)in paragraph (3), after “the chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.
Commencement Information
I23Sch. 2 para. 5 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
6. In rule 33(1) (religious services), after “The chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.E+W
Commencement Information
I24Sch. 2 para. 6 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
7. In rule 37(1) (regime activities), after “An inmate shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.E+W
Commencement Information
I25Sch. 2 para. 7 in force at 15.5.2020, see rule. 1(1)
8. In rule 38 (education)—E+W
(a)in paragraph (1), after “Provision shall” insert “ (or during a coronavirus period shall so far as reasonable practicable) ”;
(b)in paragraph (2), after “arrangements shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.
Commencement Information
I26Sch. 2 para. 8 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
9. In rule 39(1) (training courses), after “Provision shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.E+W
Commencement Information
I27Sch. 2 para. 9 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
10. In rule 41(physical education)—E+W
(a)in paragraph (1), after “Provision shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”;
(b)in paragraph (2), after “Arrangements shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.
Commencement Information
I28Sch. 2 para. 10 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
11. In rule 58(3) (disciplinary charges) M15, for “or rule 65(4)” substitute “ , rule 65(4) or rule 58B(3) ”.E+W
Commencement Information
I29Sch. 2 para. 11 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Marginal Citations
M15Rule 58(3) was amended by S.I. 2002/2117 and S.I. 2011/1663.
12. In rule 58A(3)(a) (determination of mode of inquiry) M16, after the words “charge by the governor” insert “ , including an inquiry by the governor under rule 58B(2) ”.E+W
Commencement Information
I30Sch. 2 para. 12 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Marginal Citations
M16Rule 58A(3) was inserted by S.I. 2002/2117 and amended by S.I. 2011/1663.
13. After rule 58A (determination of mode of inquiry) insert—E+W
58B.—(1) This rule applies during a coronavirus period.
(2) Where a charge has been referred to an adjudicator under rule 58A or rule 63(3)(b) and the Senior District Judge (Chief Magistrate) considers that because of the effects of coronavirus it is not reasonably practicable for the charge to be—
(a)first inquired into by an adjudicator in accordance with rule 58(3)(b) or rule 58A(3); or
(b)continued to be inquired into by an adjudicator,
the Senior District Judge (Chief Magistrate) may refer the charge back to the governor as soon as possible for the governor to inquire into it.
(3) A charge referred back to the governor under paragraph (2) shall be first inquired into by the governor not later, save in exceptional circumstances, than 14 days after the Senior District Judge (Chief Magistrate) referred the charge back.
(4) A charge inquired into by the governor under paragraph (2) is not to be treated as one being inquired into by an adjudicator, and accordingly the governor cannot impose a punishment under rule 60A (adjudicator's punishments).
(5) This rule applies to an inmate who has been charged with having committed an offence against discipline and referred to an adjudication under rule 58A or 63(3)(b) before the date on which the rule came into force in the same way as it applies to an inmate who has been charged with having committed an offence against discipline on or after that date.”.
Commencement Information
I31Sch. 2 para. 13 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
14. In rule 77 (visitors) M17—E+W
(a)after rule 77(1) insert—
“(1A) During a coronavirus period, the Secretary of State may prohibit visits by all persons or classes of persons to a young offender institution or to an inmate in a young offender institution for such periods of time as the Secretary of State considers necessary, if the Secretary of State considers that such prohibition is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to inmates or the young offender institution.”.
(b)in paragraph (2), for “Paragraph (1)” substitute “ Paragraph (1) and (1A) ”.
Commencement Information
I32Sch. 2 para. 14 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Marginal Citations
M17Rule 77 was amended by S.I. 2008/599.
15. In rule 86 (contracted out young offender institutions) M18—E+W
(a)in paragraph (1)(a)(iii), after “58A,” insert “ 58B, ”;
(b)in paragraph (1A), after “58A,” insert “ 58B, ”.
Commencement Information
I33Sch. 2 para. 15 in force at 15.5.2020 and ceases to have effect on 25.3.2022, see rule 1(1)(3)
Marginal Citations
M18Rule 86 was amended by S.I. 2007/2953, S.I. 2007/3220 and S.I. 2013/2462.
(This note is not part of the Rules)
These Rules amend the Prison Rules 1999 (S.I. 1999/728) (“the 1999 Rules”) and the Young Offender Institution Rules 2000 (S.I. 2000/3371) (“the 2000 Rules”). The amendments are in response to the effect of the coronavirus pandemic in prisons and young offender institutions and apply during a coronavirus period.
Rules 2 and 3 provide that rule 9A of the 1999 Rules and rule 5A of the 2000 Rules cease to have effect on 25th March 2022.
Schedule 1 makes temporary modifications to the 1999 Rules to have effect until 25th March 2022. Paragraph 2 of Schedule 1 inserts new definitions into the 1999 Rules and defines a “coronavirus period”.
Paragraph 3 of Schedule 1 inserts a new rule 2A into the 1999 Rules to provide the period of time of a “transition period”. The transition period is for 3 months and the Secretary of State may extend for subsequent periods of up to 1 month up to a total of 3 months.
Paragraphs 4 to 6 and 8 of Schedule 1 modifies various rules in the 1999 Rules to provide greater flexibility to comply with the requirements in the rule during a coronavirus period.
Paragraph 7 of Schedule 1 modifies rule 35 of the 1999 Rules to allow the Secretary of State to suspend a prisoner's statutory entitlement to visits under rule 35 where necessary as a result of effects arising from coronavirus.
Paragraphs 9 and 10 of Schedule 1 modify rules 53 and 53A to make amendments to reflect new rule 53B of the 1999 Rules.
Paragraph 11 of Schedule 1 inserts a new rule 53B into the 1999 Rules. This provides that, when a charge has been referred to an adjudicator, the Chief Magistrate may determine that it is not reasonably practicable for the adjudicator to inquire into a charge due to circumstances arising from coronavirus and the governor may inquire into that charge. The governor has 14 days to first inquire into a charge from the Chief Magistrate's decision. The charge is to be treated as a charge inquired into by a governor and cannot be subject to adjudicator's punishments in rule 55A. Paragraph 10 of Schedule 1 provides that a governor can determine that a charge is so serious that it must still be referred to an adjudicator.
Paragraph 12 of Schedule 1 modifies rule 73 of the 1999 Rules to allow the Secretary of State to prohibit visits by all persons, or classes of persons, to a prison if considered necessary as a result of the effects of coronavirus.
Paragraph 13 of Schedule 1 modifies rule 82 of the 1999 Rules to include new rule 53B of the 1999 Rules.
Schedule 2 makes equivalent modifications to the 2000 Rules.
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.