The Prison and Young Offender Institution (Coronavirus, etc.) (Amendment) (No. 3) Rules 2020

S.I. 2020/1077 · Made 29 September 2020 · Extends to England and Wales

Prisons, England And Wales

Young Offender Institutions, England And Wales

Made 29th September 2020

Laid before Parliament 5th October 2020

Coming into force 26th October 2020

The Secretary of State makes the following Rules in exercise of the powers conferred by section 47(1), (3A) and (5) 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). Section 47(3A) was inserted by section 16(3) of the Criminal Justice and Courts Act 2015. Section 47(5) was amended by Schedule 4 to the Criminal Justice Act 1961 (c. 39), paragraph 33 of Schedule 8 to the Courts Act 1971 (c. 23), paragraph 7(b) of Schedule 14 to the Criminal Justice Act 1982 (c. 48), section 6(4) of the Criminal Justice and Public Order Act 1994 and paragraph 3(5) of Schedule 9 to the Criminal Justice and Courts Act 2015.

1Citation and commencement
2Amendment of the Prison Rules 1999
3Amendment of the Young Offender Institution Rules 2000
4Amendment of the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020
5Article 5
Signature
Explanatory note

1Citation and commencementI1

These Rules may be cited as the Prison and Young Offender Institution (Coronavirus, etc.) (Amendment) (No. 3) Rules 2020 and come into force on 26th October 2020.

2Amendment of the Prison Rules 1999I1

(1)

The Prison Rules 1999 M1 are amended as follows.

(2)

In rule 9A(4) (coronavirus restricted temporary release), after “framed”, insert “ , in accordance with the other provisions of this rule, ”.

F1(3)

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

3Amendment of the Young Offender Institution Rules 2000I1

(1)

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

(2)

In rule 5A(4) (coronavirus restricted temporary release), after “framed”, insert “ , in accordance with the other provisions of this rule, ”.

F1(3)

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

4Amendment of the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020I1

(1)

Schedule 1 to the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 M1 is amended as follows.

(2)

In paragraph 2(b), in the definition of “transition period”, for “provided for by Rule 2A” substitute “ of 3 months starting on the date on which a transmission control period ends ”.

(3)

Omit paragraph 3.

5I1

(1)

Schedule 2 to the Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 is amended as follows.

(2)

In paragraph 2(b), in the definition of “transition period”, for “provided for by rule 2A” substitute “ of 3 months starting on the date on which a transmission control period ends ”.

(3)

Omit paragraph 3.

Signature

Lucy Frazer

Minister of State

Ministry of Justice

These Rules amend the Prison Rules 1999 (S.I. 1999/728) (“the 1999 Rules”), the Young Offender Institution Rules 2000 (S.I. 2000/3371) (“the 2000 Rules”) and the Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/508) (“the 2020 Rules”). The Rules provide for the following categories of amendments:

— clarification in relation to directions made providing for coronavirus restricted temporary release of certain offenders directed by the Secretary of State in response to the coronavirus pandemic;
— additions to the list of specified drugs for the purposes of section 16A (testing prisoners for drugs) of the Prison Act 1952 (c. 52) (“the Act”); and
— amendments to the definition of a transition period in the 2020 Rules.

Rules 2(2) clarifies that the framing of a direction describing a class or classes of prisoners who will be released under Rule 9A of the 1999 Rules may only be in accordance with the other provisions of rule 9A. Rule 3(2) provides the same clarification for directions made under rule 5A of the 2000 Rules.

Rules 2(3) and 3(3) add one substance to the lists of specified drugs in Schedule 2 to the 1999 Rules and the 2000 Rules for the purposes of section 16A of the Act.

Rules 4 and 5 amend Schedules 1 and 2 to the 2020 Rules to change the transition period at the end of a transmission control period to 3 months.

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.