The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020

Explanatory Note

(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.