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

Rule 4

SCHEDULE 1 E+W Modification of the Prison Rules 1999

1.  The Prison Rules 1999 have effect as if amended in accordance with paragraphs 2 to 13. E+W

Commencement Information

I1 Sch. 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) M1 — 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 M2 ;

“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

I2 Sch. 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

M1 There are amending instruments but none is relevant.

M2 2020 c. 7.

3.  After rule 2 insert— E+W

“Coronavirus period – transition period

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

I3 Sch. 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

I4 Sch. 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

I5 Sch. 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

I6 Sch. 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) M3 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

I7 Sch. 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

M3 Rule 35(2A) was inserted by S.I. 2003/3301.

8.  In rule 46(2) (close supervision centres) M4 , after “for a period not exceeding one month” insert “ , or, during a coronavirus period, three months, ”. E+W

Commencement Information

I8 Sch. 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

M4 Rule 46(2) was amended by S.I. 2000/1794.

9.  In rule 53(3) (disciplinary charges) M5 , after “in accordance with rule 55A(5)” insert “ or 53B(3) ”. E+W

Commencement Information

I9 Sch. 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

M5 Rule 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) M6 , after the words “charge by the governor” insert “ , including an inquiry by the governor under rule 53B(2) ”. E+W

Commencement Information

I10 Sch. 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

M6 Rule 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

“Determination of mode of inquiry in a coronavirus period

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

I11 Sch. 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) M7 — 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

I12 Sch. 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

M7 Rule 73 was amended by S.I. 2000/2641 and S.I. 2008/597.

13.  In rule 82 (contracted out prisons) M8 — E+W

(a) in paragraph (1)(b)(iii), after “53A,” insert “ 53B, ”;

(b) in paragraph (1A), after “53A,” insert “ 53B, ”.

Commencement Information

I13 Sch. 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

M8 Rule 82 was amended by S.I. 2007/2954, S.I. 2007/3149 and S.I. 2013/2462.

Rule 5

SCHEDULE 2 E+W Modification of the Young Offender Institution Rules 2000

1.  The Young Offender Institution Rules 2000 have effect as if amended in accordance with paragraphs 2 to 15. E+W

Commencement Information

I14 Sch. 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) M9 — 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

I15 Sch. 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

M9 There are amending instruments but none is relevant.

3.  After rule 2 insert— E+W

“Coronavirus period – transition period

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

I16 Sch. 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

I17 Sch. 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

I18 Sch. 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

I19 Sch. 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

I20 Sch. 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

I21 Sch. 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

I22 Sch. 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

I23 Sch. 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) M10 , for “or rule 65(4)” substitute “ , rule 65(4) or rule 58B(3) ”. E+W

Commencement Information

I24 Sch. 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

M10 Rule 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) M11 , after the words “charge by the governor” insert “ , including an inquiry by the governor under rule 58B(2) ”. E+W

Commencement Information

I25 Sch. 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

M11 Rule 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

“Determination of mode of inquiry in a coronavirus period

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

I26 Sch. 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) M12 — 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

I27 Sch. 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

M12 Rule 77 was amended by S.I. 2008/599.

15.  In rule 86 (contracted out young offender institutions) M13 — E+W

(a) in paragraph (1)(a)(iii), after “58A,” insert “ 58B, ”;

(b) in paragraph (1A), after “58A,” insert “ 58B, ”.

Commencement Information

I28 Sch. 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

M13 Rule 86 was amended by S.I. 2007/2953, S.I. 2007/3220 and S.I. 2013/2462.