Explanatory note

The Schedule to these Rules amends the Prison Rules 1999 as follows.

Paragraph 1 amends rule 2 to include a definition of “fixed-term prisoner”, “health care professional” and “the 2003 Act”. It also clarifies that an award of additional days referred to in the Rules includes an award made under section 257 of the Criminal Justice Act 2003 (“the 2003 Act”).

Paragraph 2 amends rule 9 in two ways. First, it deletes sub-paragraph (3)(i) with the result that release on temporary licence for the purpose of making local visits can no longer be earned as privilege. Second, it confirms that all sentences being served consecutively or concurrently are to be treated as a single term for the purposes of calculating eligibility and adds various references to relevant provisions of the 2003 Act.

Paragraph 3 amends rule 20 to enable registered medical practitioners, registered nurses and other health care professionals to work with medical officers in providing health care for prisoners.

Paragraph 4 amends rule 21 to enable the relevant registered medical practitioner to report to the governor on a prisoner’s health.

Paragraph 5 amends rule 24 to enable any person deemed by the governor to be competent to inspect and report on food deficiencies.

Paragraph 6 amends rule 25(1) with the effect that medical officers or practitioners are no longer to prescribe intoxicating liquor to prisoners.

Paragraph 7 removes the requirement in rule 29 for every prisoner to be medically assessed prior to undergoing physical activity.

Paragraph 8 amends rule 31 to enable the relevant medical practitioner or registered nurse to provide a note excusing a prisoner from work.

Paragraph 9 amends rule 45 to provide that the decision to remove a prisoner from association rests with the Secretary of State, and to require the governor to consider any recommendation of a registered medical practitioner when considering whether to return the prisoner to association.

Paragraph 10 amends rule 48 (2) by removing the role of boards of visitors in authorising temporary confinement of a prisoner.

Paragraph 11 amends rule 49 so that registered medical practitioners and registered nurses must be involved in assessing whether prisoners can be put under restraints.

Paragraph 12 makes an amendment consequential on the amendment to rule 25 (1).

Paragraph 13 amends rule 55A(1)(b) by inserting a reference to a “fixed-term” prisoner.

Paragraph 14 substitutes a new rule 58 to enable the governor, adjudicator or reviewer to enquire of a registered medical practitioner or registered nurse whether there are medical reasons why cellular confinement is unsuitable.

Paragraph 15 amends rule 59(2) both by inserting references to a “fixed-term prisoner” and section 240 of the 2003 Act.