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

S.I. 2020/508 · Made 13 May 2020 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 25 March 2022.

Prisons, England And Wales

Young Offender Institutions, England And Wales

Made 13th May 2020

Laid before Parliament 14th May 2020

Coming into force in accordance with rule 1(1) and (2)

The Secretary of State makes the following Rules in exercise of the powers conferred by section 47(1) of the Prison Act 1952 M1.

Annotations to the whole text

Marginal citations

M1

1952 c. 52; section 47(1) was amended by section 6(2) of the Criminal Justice and Public Order Act 1994 (c. 33) and paragraph 3(2) of Schedule 9 to the Criminal Justice and Courts Act 2015 (c. 2).

Contents

  1. 1Citation, commencement and expiry
  2. 2Amendment of the Prison Rules 1999
  3. 3Amendment of the Young Offender Institution Rules 2000
  4. 4Temporary modification of the Prison Rules 1999
  5. 5Temporary modification of the Young Offender Institution Rules 2000
  6. Signature
  7. Schedule 1: Modification of the Prison Rules 1999
  8. 1Paragraph 1
  9. 2Paragraph 2
  10. 3Paragraph 3 Repealed
  11. 4Paragraph 4
  12. 5Paragraph 5
  13. 6Paragraph 6
  14. 7Paragraph 7
  15. 8Paragraph 8
  16. 9Paragraph 9 Repealed
  17. 10Paragraph 10 Repealed
  18. 11Paragraph 11 Repealed
  19. 12Paragraph 12
  20. 13Paragraph 13 Repealed
  21. Schedule 2: Modification of the Young Offender Institution Rules 2000
  22. 1Paragraph 1
  23. 2Paragraph 2
  24. 3Paragraph 3 Repealed
  25. 4Paragraph 4
  26. 5Paragraph 5
  27. 6Paragraph 6
  28. 7Paragraph 7
  29. 8Paragraph 8
  30. 9Paragraph 9
  31. 10Paragraph 10
  32. 11Paragraph 11 Repealed
  33. 12Paragraph 12 Repealed
  34. 13Paragraph 13 Repealed
  35. 14Paragraph 14
  36. 15Paragraph 15 Repealed
  37. Explanatory note

1Citation, commencement and expiryI1

(1)

These Rules may be cited as the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 and, except as provided in paragraph (2), come into force on 15th May 2020.

(2)

The amendments made by rule 2 and rule 3 come into force on 25th March 2022.

(3)

These Rules, except for paragraph (2), rule 2 and rule 3, cease to have effect on 25th March 2022.

2Amendment of the Prison Rules 1999I1

(1)

The Prison Rules 1999 M1 are amended as follows.

(2)

Omit rule 9A (coronavirus restricted temporary release) M2.

(3)

In rule 51(8) and (9), omit “or rule 9A”.

3Amendment of the Young Offender Institution Rules 2000I1

(1)

The Young Offender Institution Rules 2000 M1 are amended as follows.

(2)

Omit rule 5A (coronavirus restricted temporary release) M2.

(3)

In rule 55(9) and 55(10), omit “or rule 5A”.

4Temporary modification of the Prison Rules 1999I1

Schedule 1 contains temporary modifications of the Prison Rules 1999.

5Temporary modification of the Young Offender Institution Rules 2000I1

Schedule 2 contains temporary modifications of the Young Offender Institution Rules 2000.

Signature

Lucy Frazer

Minister of State

Ministry of Justice

1I1

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

2I1

In rule 2(1) (interpretation) M1—

(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 F1F2... starting on the date on which a transmission control period ends F3and ending with 24th March 2022;

“transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.”.

3F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4I1

In rule 14 (special duties of chaplains and prison ministers)—

(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) ”.

5I1

In rule 16(1) (religious services), after “The chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.

6I1

In rule 32 (education)—

(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) ”.

7I1

After rule 35(2A) (personal letters and visits) M1 insert—

“(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.”.

8I1

In rule 46(2) (close supervision centres) M1, after “for a period not exceeding one month” insert “ , or, during a coronavirus period, three months, ”.

9F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12I1

In rule 73 (visitors) M1—

(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) ”.

13F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1I1

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

2I1

In rule 2(1) (interpretation) M1—

(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 F1F2... starting on the date on which a transmission control period ends F3and ending with 24th March 2022;

“transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.”.

3F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4I1

After rule 10(1) (personal letters and visits) insert—

“(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.”.

5I1

In rule 31 (special duties of chaplains and appointed ministers)—

(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) ”.

6I1

In rule 33(1) (religious services), after “The chaplain shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.

7I1

In rule 37(1) (regime activities), after “An inmate shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.

8I1

In rule 38 (education)—

(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) ”.

9I1

In rule 39(1) (training courses), after “Provision shall” insert “ (or during a coronavirus period shall so far as reasonably practicable) ”.

10I1

In rule 41(physical education)—

(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) ”.

11F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14I1

In rule 77 (visitors) M1—

(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) ”.

15F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.