Regulation 2 Prison sanctions for contempt

(1)

The sanctions specified for the purposes of section 41B of the Sentencing Act 2020 are—

(a)

forfeiture of any of the privileges—

(i)

under rule 6 of the Young Offender Institution Rules 2000^f1 for a period not exceeding 21 days where the offender is aged 18, 19 or 20 and is to be taken to a young offender institution for detention immediately after the prison sanctions order^f2 is made;

(ii)

under rule 8 of the Prison Rules 1999^f3 for a period not exceeding 84 days in any other case;

(b)

cellular confinement—

(i)

for a period not exceeding 10 days where the offender is aged 18, 19 or 20 and is to be taken to a young offender institution for detention immediately after the prison sanctions order is made;

(ii)

for a period not exceeding 21 days in any other case;

(c)

forfeiture of social visits for a period not exceeding 27 days;

(d)

restriction of social visits to once in every period of 28 days for a period not exceeding 84 days.

(2)

Where a court makes a prison sanctions order imposing a sanction of cellular confinement, the governor^f4 of the prison or young offender institution in which the offender is detained must not implement the sanction unless a registered medical practitioner or registered nurse working within the prison or young offender institution has assessed the offender as being medically suitable.

(3)

A sanction specified in paragraph (1)(c) or (d)—

(a)

must not be imposed on an offender aged 18, 19 or 20 who is to be taken to a young offender institution for detention immediately after the prison sanctions order is made;

(b)

does not apply to social visits from a child of the offender and any adult who is appropriately accompanying that child.

(4)

In this regulation—

“child of the offender” means a person under the age of 18 in respect of whom the offender—
1. (a)
  
  is a parent, or
2. (b)
  
  has parental responsibility within the meaning of section 3 of the Children Act 1989^f5;
“social visit” means an in-person visit to an offender, but does not include visits from a person acting in a professional or official capacity.

Annotations

Footnotes

f1: S.I. 2000/3371, amended by S.I. 2018/549; there are other amending instruments but none is relevant.
f2: The meaning of “prison sanctions order” can be found in section 41B(4) of the Sentencing Act 2020.
f3: S.I. 1999/728, amended by S.I. 2018/549; there are other amending instruments but none is relevant.
f4: The meaning of “governor” can be found in section 41B(11) of the Sentencing Act 2020.
f5: 1989 c. 41.