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The Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2000

S.R. 2000/267 · Made 7 September 2000

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PRISON AND YOUNG OFFENDERS CENTRES

Made 7th September 2000

To be laid before Parliament

Coming into operation 2nd October 2000

The Secretary of State in pursuance of section 13 of the Prison Act (Northern Ireland) 1953f1, as extended by section 2 of the Treatment of Offenders Act (Northern Ireland) 1968f2, hereby makes the following rules:—

Annotations to the whole text

Footnotes

f1

1953 c. 18 (N.I.) as modified by S.I. 1973/2163 (1973 III, p. 7541)

f2

1968 c. 19 (N.I.) as modified by S.I. 1973/2163

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Inquiry into Charge
  4. 4Governor’s Awards
  5. 5Provisions in relation to particular awards
  6. 6Prospective loss of remission
  7. 7Suspended Awards
  8. 8Remission and mitigation of awards
  9. 9Disciplinary awards
  10. 10Proceedings of the board
  11. 11More serious offences – inquiry and awards by the Secretary of State or board of visitors
  12. 12Adjudication procedure by boards
  13. Signature
  14. Explanatory note

1Citation and commencement

These rules may be cited as the Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2000 and shall come into operation on 2nd October 2000.

2Interpretation

In these rules any reference to a rule by number is a reference to that rule so numbered in the Prison and Young Offenders Centre Rules (Northern Ireland) 1995f1.

3Inquiry into Charge

In paragraph 7 of Rule 36 for the words “rules 37, 39 and 40” there shall be substituted the words “rules 37 and 39”.

4Governor’s Awards

In paragraph 1 of Rule 39 for the words “rules 40 and 41” there shall be substituted the words “rule 41”.

5Provisions in relation to particular awards

In paragraph 1 of Rule 41 the words “or as the case may be 56 days,” shall be deleted.

6Prospective loss of remission

In paragraph 1 of Rule 42 for the words “in rules 39 and 40” there shall be substituted the words “in rule 39”.

7Suspended Awards

In paragraph 2 of Rule 43 for the words “ the authority dealing with that offence may” there shall be substituted the words “the governor dealing with that offence may”.

8Remission and mitigation of awards

Rule 44 shall be amended as follows—

(a)

in paragraph (2) for the words “and the board of visitors may remit or mitigate any punishment imposed by a board of visitors” there shall be substituted the words “or a board of visitors”;

(b)

in paragraph (3) for the words “in the opinion of the Secretary of State, the governor or, as the case may be, the board of visitors, less severe” there shall be substituted the words “in the opinion of the Secretary of State or the governor less severe”.

9Disciplinary awards

Rule 95 shall be amended as follows—

(a)

in paragraph (1) for the words “Rules 39(1) and 40(2)” there shall be substituted the words “Rule 39(1)”;

(b)

in paragraph (2) for the words “rules 40 and 41” there shall be substituted the words “rule 41”;

(c)

paragraph (3) shall be deleted.

10Proceedings of the board

In paragraph 2 of Rule 123 the words “except as provided under rule 125(3)” shall be deleted.

11More serious offences – inquiry and awards by the Secretary of State or board of visitors

Rule 40 is hereby revoked.

12Adjudication procedure by boards

Rule 125 is hereby revoked.

Signature

L.S.

Peter Mandelson

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

7th September 2000

Explanatory note

(This note is not part of the Rules.)

These Rules amend the Prison and Young Offenders Centre Rules (Northern Ireland) 1995 (the principal rules) so as to remove the disciplinary powers delegated by the Secretary of State to the boards of visitors in respect of adjudications presently held under Rules 40 and 125 of the principal rules and provide for the consequential amendment of the provisions of the principal rules relating to adjudication procedures.