These Rules amend the Service Custody and Service of Relevant Sentences Rules 2009 (S.I. 2009/1096) (the “Service Custody Rules”), so as to prohibit smoking in the Military Corrective Training Centre (“MCTC”) and other service custody facilities.  They also make provision allowing for a detainee to be released on the order of a commanding officer, where the commanding officer has exercised their power to vary a punishment or rescind an activation order that the commanding officer had no power to make.

Rule 3 inserts a definition of “electronic cigarette” into rule 1 (citation, commencement and interpretation) of the Service Custody Rules. This is the same definition used in rule 2 of the Prison Rules 1999 (S.I. 1999/728, as amended by the Prison and Young Offender Institution (Amendment) Rules 2018 (S.I. 2018/549)).

Rule 4 amends rule 5 (release for service detention) of the Service Custody Rules so as to allow a detainee to be released on the order of a commanding officer, where the commanding officer has varied a punishment awarded or rescinded an activation order made by that commanding officer, on the basis that there was no power to award such a punishment or make such an order.

Rule 5 amends rule 15 (reimbursement allowance) of the Service Custody Rules, so that detainees are no longer permitted to purchase cigarettes or tobacco.

Rule 6 substitutes rule 16 (smoking) of the Service Custody Rules so that detainees are no longer permitted to smoke or have any tobacco, except in accordance with directions issued by the commandant.

Rule 7 inserts a new rule 71A, which establishes a set of “List C” items. Once these Rules come into force, it will be a criminal offence for a person to convey any of the items listed in rule 71A into or out of MCTC or other service custody facilities.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.